Sammy Ciling v. Ducati North America, Inc.

I. INTRODUCTION

On February 22, 2021, Plaintiff Sammy Ciling (“Plaintiff”) filed a Complaint against Defendants Ducati North America, Inc. (“DNA” or “Defendant’) and Wheels In Motion, Inc. alleging violations of the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seg.) and the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 et seq.). Plaintiffs allegations arise from the purchase of a 2019 Ducati Panigale. On March 26, 2021, DNA removed the action to this Court on federal question and diversity jurisdiction grounds. Upon review of the Notice of Removal, the Court determines that Defendant has failed to plausibly allege that the minimum amount in controversy is satisfied, and therefore remands the action to the state court from which it was removed. Il. DISCUSSION A. Federal Question Jurisdiction Pursuant to 28 U.S.C. § 1331, a district court shall have original jurisdiction over any civil action “arising under the Constitution, laws, or treaties of the United States.” A federal question claim brought under the Magnuson-Moss Warranty Act also requires that the amount in controversy exceeds “$50,000 (exclusive of interests and costs) computed on the basis of…