Wang

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ZHAN WANG, Case No. 21-cv-06573-VC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

BMW OF NORTH AMERICA, LLC, Re: Dkt. No. 15 Defendant.

Wang seeks to remand this lemon-law action to the state superior court where it originated. Because the Court has diversity jurisdiction over the case, that motion is denied. The amount in controversy is apparent from the face of the complaint and it does not appear to a legal certainty that Wang cannot actually recover at least $75,000.01. The complaint alleges that Wang “suffered damages in a sum to be proven at trial but not less than $25,000.00.” The next paragraph alleges that he “is entitled to a civil penalty of two times [his] actual damages.” Two times the complaint’s $25,000 damages valuation is $50,000. Together then, the amount of damages and civil penalties in controversy totals exactly $75,000. But Wang also requests attorney’s fees, which is included in this calculation even though the statute nominally refers to them as part of the “costs and expenses” successful plaintiffs may recover. Cal. Civil Code § 1794(d);…