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Tanner v. Ford Motor Company

Good Law
United States District Court, Northern District of CaliforniaNovember 25, 20195:19-cv-02495California3,453 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JAMES TANNER, et al., Case No. 5:19-cv-02495-EJD Plaintiffs, ORDER GRANTING PLAINTIFFS’ v. MOTION TO REMAND 10 FORD MOTOR COMPANY, et al., Re: Dkt. No. 9 11 Defendants.

Plaintiffs allege various state-law causes of actions against Ford Motor Company and Cypress Coast Ford Lincoln (“Cypress Coast”). Ford Motor Company (“Defendant”) argues that this Court has jurisdiction pursuant to 28 U.S.C. § 1332 and that removal was proper. Plaintiffs argue that removal is improper because Cypress Coast destroys diversity jurisdiction as Plaintiffs and Cypress Coast are both California citizens. Defendant contends that Cypress Coast is a sham defendant and a dispensable party, thus making removal proper. The Court disagrees. Because dismissing Cypress Coast is improper, complete diversity does not exist among the parties and the Court lacks jurisdiction. Newman-Green, Inc. v.…

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