Gutierrez Diaz v. Ford Motor Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO GUTIERREZ DIAZ, Case No. 23-cv-01506-JSC
Plaintiff,
ORDER RE: MOTION TO REMAND
v. 9 Re: Dkt. No. 13 FORD MOTOR COMPANY, Defendant.
12 Plaintiff filed suit in state court with lemon law claims under California’s Song-Beverly Act related to his Ford vehicle. (Dkt. No. 1-2.) Defendant removed to this Court. (Dkt. No. 1.) Before the Court is Plaintiff’s motion to remand. (Dkt. No. 13.) After carefully considering the motion, opposition, and reply, the Court concludes oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the May 31, 2023 hearing, and DENIES the motion. DISCUSSION Plaintiff challenges only the timeliness of removal, which is “a procedural defect and not jurisdictional.” Maniar v. F.D.I.C., 979 F.2d 782, 784 (9th Cir. 1992). Federal subject matter jurisdiction exists here because the parties are diverse and the notice of removal includes an “unchallenged, plausible assertion” that “the amount in…