Pestarino
Pestarino v. Ford Motor Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ANDREW PESTARINO, Case No. 19-cv-07890-BLF
Plaintiff,
ORDER VACATING MAY 28, 2020
v. HEARING ON MOTION TO REMAND;
AND DENYING MOTION TO
FORD MOTOR COMPANY, et al., REMAND Defendants. [Re: ECF 11]
13 Plaintiff Andrew Pestarino (“Pestarino”) sues Defendant Ford Motor Company (“Ford”) for breach of express and implied warranties under California’s Song Beverly Consumer Warranty Act, Cal. Civ. Code § 1790, et seq. (“the Song Beverly Act”). Ford removed the action from the Santa Clara County Superior Court on diversity grounds, and Pestarino now moves to remand based on his assertion that Ford cannot show that the amount in controversy exceeds $75,000. The Court finds the motion to be suitable for decision without oral argument. See Civ. L.R. 7-1(b). Accordingly, the hearing on the motion to remand, currently scheduled for May 28, 2020 at 9:00 a.m., is VACATED.1 …