Veronica Allen v. FCA US LLC

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

July 13, 2021 Case No. 2:21-cv-03320-SVW-E Date

Veronica Allen v. FCA US, LLC et al. Title

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: ORDER DENYING [13] MOTION TO REMAND.

Before the Court is Plaintiff’s motion to remand. Dkt. 13.

The Court concludes that the motion should be denied. As to actual damages, Plaintiff is entitled to the actual amount of funds paid to the seller. See Brady v. Mercedes-Benz USA, Inc., 243 F. Supp. 2d 1004, 1008 (N.D. Cal 2002). Here, Defendant has produced evidence that, thus far, Plaintiff has paid at least $29,000 to the seller. See Dkt. 18; see also Dkt. 1-4 at 31.

In addition to actual damages, Plaintiff also seeks civil penalties in the amount of two times actual damages, pursuant to Cal. Civ. Code § 1794. See Compl. at 26 (prayer for relief separately seeking actual damages and civil penalties in the amount of…