Mahesh Bhuta v. Toyota Motor Sales, U.S.A., Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
On August 26, 2021, Plaintiff filed a Complaint in California Superior Court, asserting that Defendant violated the Song-Beverly Consumer Warranty Act and the Federal Magnuson-Moss Warranty Act (“MMWA”). (Notice of Removal ¶¶ 1–2 (Docket No. 1)).
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CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 21-07815-MWF (JCx) Date: November 30, 2021 Title: Mahesh Bhuta v. Toyota Motor Sales, U.S.A., Inc., et al.
Plaintiff’s claims arise from the lease of a new 2018 Lexus LS 500 and Defendant’s alleged failure to conform the vehicle to the applicable warranties after a reasonable number of repair attempts. (Id. ¶ 3).
Defendant removed the action under federal question jurisdiction because the MMWA states that a plaintiff may bring such a claim in federal court where the amount in controversy exceeds $50,000. See 15 U.S.C. § 2310(d)(3)(B).
II. LEGAL STANDARD
“On a plaintiff’s motion to remand, it is a defendant’s burden to establish jurisdiction by a preponderance of the evidence.” Taylor v. United Road Services, No. CV 18-330-LJO-JLT, 2018 WL 2412326, at *2…