Theweny

Theweny v. Mercedes-Benz USA, LLC

Good Law
United States District Court, Southern District of CaliforniaMarch 18, 20243:24-cv-00088California1,049 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 11 NANI B. THEWENY, Case No.: 24-CV-00088-GPC-AHG 12 Plaintiff, ORDER DENYING MOTION TO

REMAND

v. [ECF No. 6] 15 MERCEDES-BENZ USA, LLC, and 16 DOES 1 through 10, 17 Defendants. 18 Pending before the Court is Plaintiff’s Motion to Remand. ECF No. 6-1 at 1. For the reasons that follow, the motion is DENIED. BACKGROUND On December 13, 2023, Plaintiff filed a state court complaint against Mercedes- Benz USA, LLC (“Defendant”), alleging a number of state law claims arising out of her purchase of a 2022 Mercedes-Benz C300W. ECF No. 1-2 at 2. Defendant removed the case under diversity jurisdiction on January 12, 2024. ECF No. 1 at 1. This motion followed. DISCUSSION There is a “strong presumption” against removal. Gaus v. Miles, Inc., 980 F.2d 564, 567 (9th Cir. 1992). As such, the burden of establishing removal jurisdiction falls to Defendant. See Nishimoto v. Federman-Bachrach Assocs., 903 F.2d 709, 712 n. 3 (9th Cir. 2 …

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