Gerardo Villaron v. Ford Motor Company

I. BACKGROUND

On August 11, 2020, Plaintiff filed this action in Los Angeles County Superior Court asserting claims for violations of the Song-Beverly Warranty Act, or California’s “lemon law,” in connection with his 2020 Ford Escape (“Vehicle”). (Complaint (“Compl.”’), Dkt. No. 1 at Ex. 1). On September 18, 2020, Defendant removed the case to this Court pursuant to 28 U_S.C. §§ 1332, 1441, and 1446. (Defendant’s Notice of Removal (“NOR”), Dkt No. 1).

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB

II. LEGAL STANDARD

A defendant may remove a civil action filed in state court to federal district court when the federal court has original jurisdiction over the action. 28 U.S.C. § 1441(a). “The burden of establishing jurisdiction falls on the party invoking the removal statute, which is strictly construed against removal.” Sullivan v. First Affiliated Sec., Inc., 813 F.2d 1368, 1371 (9th Cir. 1987) (internal citations omitted); see also Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996). “The ‘strong presumption’ against removal jurisdiction means that the defendant always has the burden of establishing that removal…