Chase

Chase v. Kia Motors America, Inc.

Good Law
United States District Court, Northern District of CaliforniaFebruary 24, 20233:22-cv-09082California7,957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN CHASE, et al., Case No. 22-cv-09082-JCS

Plaintiffs,

ORDER REMANDING SUA SPONTE

v. FOR LACK OF JURISDICTION

KIA MOTORS AMERICA, INC., et al., Defendants.

I. INTRODUCTION Defendant Hyundai Capital America d/b/a Kia Finance (“Kia Finance”) removed this case from the California Superior Court for the County of Alameda,1 asserting that a federal claim that Plaintiffs added in arbitration while state court proceedings were stayed rendered the case removable once the stay was vacated. Plaintiffs John Chase and Hillary Chase move to remand on the basis that Kia Finance’s removal was untimely, arguing that Kia Finance should have removed when Plaintiffs first raised their federal claim in arbitration. Defendants Kia Motors America, Inc. (“Kia Motors”) and Michael C. Stead, Inc. d/b/a Michael Stead’s Hilltop Ford Kia (“Hilltop”) join Kia Finance in opposing remand. The Court held a hearing on February 24, 2023. Contrary to all…

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