Opinion

Sare v. Tesla, Inc.

Court
District Court, E.D. California
Filed
Jul 19, 2022
Cited by
0 cases
Authority
More cited than 18.1%

“The ‘strong 12 presumption’ against removal jurisdiction means that the 13 defendant always has the burden of establishing that removal is 14 proper.”

How later courts described this case

  • “The ‘strong 12 presumption’ against removal jurisdiction means that the 13 defendant always has the burden of establishing that removal is 14 proper.”
  • the jurisdiction of the 17 court depends upon the circumstances at the time the action was 18 brought

Written by the judges who cited it.

The opinion

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6 UNITED STATES DISTRICT COURT

7 EASTERN DISTRICT OF CALIFORNIA

8

9 NATALIE P. SARE, No. 2:22-cv-00547-JAM-CKD

10 Plaintiff,

11 v. ORDER DENYING PLAINTIFF’S MOTION

TO REMAND

12 TESLA, INC., et al.,

13 Defendants.

14

15 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

16 This case arises from a fatal car crash. On May 14, 2020,

17 Gary Marchi (“Marchi” or “Decedent”) was driving his 1995 Ford F-

18 350 eastbound on the I-205, towing a flatbed trailer. Compl.

19 ¶ 11, ECF No. 1-1. Andrea Myers (“Myers”) was driving her Model

20 3 Tesla in autopilot mode in the lane to Marchi’s left. Id.

21 Suddenly Myers’ Tesla began to swerve without warning,

22 hitting the front driver’s-side of Marchi’s Ford. Id. ¶ 12. As

23 Meyer’s attempted to regain control of her Tesla, it swerved

24 again, hitting Marchi’s Ford for the second time. Id. This

25 caused Marchi to lose control of his vehicle, flipping and

26 rolling before coming to a stop. Id. ¶ 13. The roof of Marchi’s

27 Ford collapsed internally. Id. Marchi sustained life-

28 threatening injuries and ultimately, did not survive. Id.

1 Natalie Sare (“Plaintiff”), Marchi’s sister and personal

2 representative of his estate, brought this action in San Joaquin

3 County Superior Court against Tesla Inc. (“Defendant”) for

4 (1) strict products liability — manufacturing defect; (2) strict

5 products liability — design defect; (3) negligence, and

6 (4) negligence — failure to recall. See generally Compl. Tesla

7 removed the action to this Court on the basis of diversity

8 jurisdiction. Not. of Removal at 2-4, ECF No. 1. Plaintiff now

9 moves to remand the case back to San Joaquin County Superior

10 Court and requests the associated fees and costs incurred. Mot.

11 to Remand, ECF No. 8.1 Defendant opposed the motion. Opp’n, ECF

12 No. 9. Plaintiff replied. Reply, ECF No. 12. For the reasons

13 set forth below Plaintiff’s motion is denied.

14 II. OPINION

15 A. Legal Standard

16 Removal jurisdiction is a creation of statute. See Libhart

17 v. Santa Monica Dairy Co., 592 F.2d 1062, 1064 (9th Cir. 1979)

18 (“The removal jurisdiction of the federal courts is derived

19 entirely from the statutory authorization of Congress.”). In

20 general, only those state court actions that could have been

21 originally filed in federal court may be removed. 28 U.S.C.

22 § 1441(a) (“Except as otherwise expressly provided by Act of

23 Congress, any civil action brought in a State court of which the

24 district courts of the United States have original jurisdiction,

25 may be removed by the defendant”); see also Caterpillar, Inc. v.

26

27 1 This motion was determined to be suitable for decision without

oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled

28 for June 7, 2022.

1 Williams, 482 U.S. 386, 392 (1987) (“Only state-court actions

2 that originally could have been filed in federal court may be

3 removed to federal court.”). Accordingly, the removal statute

4 provides two ways in which a state court action may be removed

5 to federal court: (1) the case presents a federal question, or

6 (2) the case is between citizens of different states and the

7 amount in controversy exceeds $75,000. 28 U.S.C. §§ 1331, 1332.

8 On a motion to remand, it is the removing defendant’s

9 burden to establish federal jurisdiction, and the court must

10 strictly construe removal statutes against removal. Gaus v.

11 Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (“The ‘strong

12 presumption’ against removal jurisdiction means that the

13 defendant always has the burden of establishing that removal is

14 proper.”). If there is any doubt as to the right to removal,

15 the case should be remanded to state court. Matheson v.

16 Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir.

17 2003).

18 B. Analysis

19 Defendants removed this action on the basis of diversity

20 jurisdiction. Not. of Removal at 2-4. Plaintiff now seeks to

21 remand the case, arguing the parties are not diverse. Mot. at

22 4-10. Diversity jurisdiction requires that all parties be

23 completely diverse and the amount in controversy exceed $75,000.

24 28 U.S.C. § 1332(a); Matheson, 319 F.3d at 1090. “Complete

25 diversity” exists where no plaintiff is a citizen of the same

26 state as any defendant to the case. Caterpillar, Inc. v. Lewis,

27 519 U.S. 61, 68 (1996). A natural person is a citizen of the

28 state of their domicile – their permanent home where they reside

1 and intend to remain. Kanter v. Warner-Lambert Co., 265 F.3d

2 853, 857 (9th Cir. 2001). A corporation is a citizen of both

3 the state of incorporation and the state where it has its

4 principal place of business. 28 U.S.C. § 1332(c)(1).

5 Here, the parties agree the amount in controversy exceeds

6 $75,000 and Plaintiff is a citizen of California. Mot. at 4;

7 Opp’n at 3, 9. Plaintiff, however, contends the parties are not

8 diverse, as Defendant, at the time this suit was filed, had its

9 principal place of business in Palo Alto and was thus a citizen

10 of California. Mot. at 6. Defendant, on the other hand, claims

11 that after moving its headquarters, it is no longer a citizen of

12 California but rather Texas. Opp’n at 4-9. Accordingly, the

13 sole issue before the Court is whether on February 14, 2022,

14 when this lawsuit was filed, Tesla’s principal place of business

15 was in California or Texas. See Grupo Dataflux v. Atlas Glob.

16 Grp., L.P., 541 U.S. 567, 570 (2004) (the jurisdiction of the

17 court depends upon the circumstances at the time the action was

18 brought).

19 A corporation’s principal place of business is its “nerve

20 center” – “the place where the corporation’s high level officers

21 direct, control, and coordinate the corporation’s activities.”

22 Hertz Corp. v. Friend, 559 U.S. 77, 80-81 (2010). Ordinarily, a

23 corporation’s principal place of business will be “where the

24 corporation maintains its headquarters – provided that the

25 headquarters is the actual center of direction, control, and

26 coordination [. . .] and not simply an office where the

27 corporation holds its board meetings (for example, attended by

28 directors and officers who have traveled there for the

1 occasion).” Id. at 93.

2 Defendant contends that it officially moved its global

3 headquarters from Palo Alto, California to Austin, Texas on

4 December 1, 2021, over two months before this action was filed.

5 Opp’n at 5. To support this, Defendant submitted its 8-K form

6 with the Securities and Exchange Commission, informing the

7 Commission of its headquarters move on December 1, 2021. Ex. B

8 to Opp’n, ECF No. 9-3. Crucially, Defendant submits evidence

9 that its high level corporate officers, including CEO Elon Musk,

10 Chief Financial Officer Zachary Kirkhorn, Head of Legal

11 Department David Searle, Vice President of Employee Health and

12 Safety Laurie Shelby, and Senior Director of the Office of the

13 CEO and Gigafactory Texas Omead Afshar, are all based out of the

14 Texas headquarters. Preciado Decl. ¶ 5. Moreover, Tesla’s

15 Corporate Governance Guidelines directs communications from

16 shareholders to the Texas address. Ex. F to Opp’n at 4-5, ECF

17 9-7; see Wilmington Tr. Co. v. Boeing Co., No. C20-0402-RSM-MAT,

18 2020 WL 4004575, at *2 (W.D. Wash. June 8, 2020) (finding

19 corporate bylaws identifying Chicago as the location of the

20 corporation’s executive officers and directing notices from

21 shareholders be sent to that location supported finding its

22 principal place of business was in Chicago). Finally, there is

23 no evidence of jurisdictional manipulation. Well before this

24 lawsuit, as early as May 2020 continuing through October 1,

25 2021, Tesla’s officers, including CEO Elon Musk, publicly stated

26 Tesla would be moving its corporate headquarters to Austin,

27 Texas. Preciado Decl. ¶ 6 (citing Ex. G.).

28 Defendant has met its burden of demonstrating through

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1 competent evidence that at the time this suit was filed, Tesla’s

2 principal place of business was in Austin, Texas, as that is

3 where its high level officers directed, controlled, and

4 coordinated the corporation’s activities. See Hertz Corp., 559

5 U.S. at 80-81. Plaintiff’s evidence does not persuade the Court

6 otherwise. Plaintiff relies on an article from April 2022 that

7 Tesla celebrated its new headquarters’ opening with a ‘Cyber

8 Rodeo’ party two months after the complaint was filed. Mot. at

9 6. But as Defendant points out, the date Tesla decided to

10 celebrate its opening with the public is not indicative of when

11 their high level officers began directing operations from that

12 locale. Opp’n at 5 n.2.

13 The Court therefore finds Tesla is a citizen of both

14 Delaware, its place of incorporation, and Texas. Given

15 Plaintiff is a citizen of California, complete diversity exists

16 | between the parties. Accordingly, Plaintiff’s motion to remand

17 and her accompanying request for fees and costs incurred is

18 denied.

19 Til. ORDER

20 For the reasons set forth above, the Court DENIES

21 Plaintiff’s motion to remand and request for associated fees and

22 costs incurred.

23 IT IS SO ORDERED.

24 | Dated: July 18, 2022

25

cp,

JOHN A. MENDEZ

27 SENIOR UNITED*STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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