Pestarino

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 ANDREW PESTARINO, Case No. 19-cv-07890-BLF

9 Plaintiff,

ORDER VACATING MAY 28, 2020

10 v. HEARING ON MOTION TO REMAND;

AND DENYING MOTION TO

11 FORD MOTOR COMPANY, et al., REMAND 12 Defendants. [Re: ECF 11]

13 14 Plaintiff Andrew Pestarino (“Pestarino”) sues Defendant Ford Motor Company (“Ford”) 15 for breach of express and implied warranties under California’s Song Beverly Consumer Warranty 16 Act, Cal. Civ. Code § 1790, et seq. (“the Song Beverly Act”). Ford removed the action from the 17 Santa Clara County Superior Court on diversity grounds, and Pestarino now moves to remand 18 based on his assertion that Ford cannot show that the amount in controversy exceeds $75,000. 19 The Court finds the motion to be suitable for decision without oral argument. See Civ. 20 L.R. 7-1(b). Accordingly, the hearing on the motion to remand, currently scheduled for May 28, 21 2020 at 9:00 a.m., is VACATED.1 …