Cox
Cox v. FCA US LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID COX, Case No. 20-cv-03808-WHO
Plaintiff,
ORDER RE MOTION TO REMAND
v. 9 Re: Dkt. No. 13 FCA US LLC, Defendant.
Plaintiff David Cox seeks to remand this case to state court, asserting that defendant FCA US LLC (“FCA”) has not satisfied the jurisdictional requirements of 28 U.S.C. § 1332. In opposition, Cox did not reply. FCA provided satisfactory evidence to meet its burden that the amount in controversy exceeds $75,000. I DENY Cox’s motion.1 BACKGROUND Cox filed this action in San Mateo Superior Court on May 7, 2020. Dkt. No. 1-2 (“Compl.”). He asserts three causes of action pursuant to California law: breach of implied warranty of merchantability under the Song-Beverly Warranty Act (“Song-Beverly”), breach of express warranty under Song-Beverly, and fraudulent inducement – concealment. Id. Cox’s “lemon law” claims relate to defects in a new 2013 Jeep Wrangler that he purchased in March of 2013. Id. ¶¶ 4-5.…