Lawson

Lawson v. BMW of North America LLC

Good Law
United States District Court, Northern District of CaliforniaOctober 14, 20215:21-cv-02063California1,872 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MICHAEL LAWSON, Case No. 21-cv-02063-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

BMW OF NORTH AMERICA LLC, et al., [Re: ECF No. 11] Defendants.

12 Plaintiff Michael Lawson (“Plaintiff”) brought this action against BMW of North America (“BMWNA”) and Stevens Creek B, Inc. (“Stevens Creek”, together with BMWNA, “Defendants”) in Santa Clara County Superior Court, seeking damages from Steven Creek for negligent repair and restitution and damages from BMWNA for breach of express warranty under California’s Uniform Commercial Code and the Magnuson-Moss Warranty Act (“MMWA”). ECF 1, Ex. A (“Compl.”). BMWNA removed the action to this Court, alleging federal question jurisdiction under 28 U.S.C. § 1331. See ECF 1 ¶ 4. Before the Court is Plaintiff’s Motion to Remand to state court, in which Plaintiff argues that the Court lacks subject matter jurisdiction and cannot exercise…

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