Lange
Lange v. FCA US LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA
4 CARI LANGE, Plaintiff, No. C 20-04266 WHA Vv. || FCAUSLLC, ORDER DENYING MOTION TO Defendant. REMAND TO In this motion to remand an individual, non-class, automobile “Lemon Law” suit, plaintiff did not name the in-state car dealership as a defendant, so we turn to the amount in controversy. We presume remand, but a defendant may remove to federal court a case with complete diversity and more than $75,000 in controversy. 28 U.S.C. §§ 1332, 1441; See Hunter v. Philip Morris USA, 582 F.3d 1039, 1042-43 (9th Cir. 2009). a The amount in controversy here includes the car’s value less plaintiffs use (around $30,000), twice that amount in civil penalties for defendant’s alleged willfulness, and attorney’s fees. Fritsch v. Swift Trans. Co. Ariz., 899 F.3d 785, 793 (9th Cir. 2018); Schneider v. Ford Motor Co., 756 F. App’x 699, 700 (9th…