Opinion

Ayala v. Ford Motor Company

Court
District Court, S.D. California
Filed
Jun 28, 2021
Cited by
0 cases
Authority
More cited than 19.1%

“To establish the jurisdictional amount . . . Defendant here need 26 only “bear the burden to show that its estimated amount in controversy relie[s] on reasonable assumptions.”

How later courts described this case

  • “To establish the jurisdictional amount . . . Defendant here need 26 only “bear the burden to show that its estimated amount in controversy relie[s] on reasonable assumptions.”
  • noting the court can consider “summary-judgment-type evidence relevant to the amount in controversy at the time of 26 removal”
  • characterizing the burden to authenticate a document as “low”
  • noting that in determining 17 willfulness, the jury can consider factors including whether the manufacturer knew the 18 vehicle had not been repaired and whether the manufacturer had a written policy on Song- 19 Beverly’s requirement to repair or replace a vehicle

Written by the judges who cited it.

The opinion

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10 UNITED STATES DISTRICT COURT

11 SOUTHERN DISTRICT OF CALIFORNIA

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13 LEONARDO AYALA, Case No. 20-cv-02383-BAS-KSC

14 Plaintiff,

ORDER DENYING MOTION TO

15 v. REMAND (ECF No. 5)

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FORD MOTOR COMPANY,

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Defendant.

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19 Presently before the Court is Plaintiff Leonardo Ayala’s Motion to Remand this

20 action to state court. (ECF No. 5.) On December 7, 2020, Defendant Ford Motor Company

21 (“Ford”) removed this matter to federal court based on diversity jurisdiction. (ECF No. 1.)

22 Plaintiff contests removal arguing that Ford did not adequately prove diversity of

23 citizenship and that the minimum amount in controversy to satisfy diversity jurisdiction

24 under 28 U.S.C. § 1332 is not met. (Mot. to Remand 1:11–20.)

25 The Court finds this Motion suitable for determination on the papers submitted and

26 without oral argument. See Fed. R. Civ. P. 78(b); Civ. L. R. 7.1(d)(1). For the following

27 reasons, the Court finds removal was appropriate and DENIES Plaintiff’s Motion to

28 Remand.

1 I. BACKGROUND

2 On October 22, 2020, Plaintiff commenced this lawsuit in San Diego Superior Court

3 asserting claims under California’s Song-Beverly Consumer Warranty Act (“Song-Beverly

4 Act”), specifically California Civil Code sections 1793 and 1794. (Compl., Notice of

5 Removal Ex. A, ECF No. 1–3.) Plaintiff’s Complaint alleges he purchased/leased a 2019

6 Ford Mustang (“Vehicle”) on or about December 8, 2018. (Id. ¶ 4.) Plaintiff further alleges

7 the Vehicle “contained or developed nonconformity(s)” constituting a breach of

8 Defendant’s express warranty accompanying the Vehicle. (Id. ¶ 6.) Additionally, Plaintiff

9 alleges Defendant willfully failed to comply with its obligations to service or repair the

10 Vehicle under the Vehicle’s express warranty. (Id. ¶ 10.) In his Complaint, Plaintiff did

11 not include a specific dollar amount for damages, but alleges he is seeking restitution, civil

12 penalties, consequential and incidental damages, reasonable attorney’s fees, prejudgment

13 interest, and any other relief the Court may deem proper. (Id. at 6.) Ford is “a corporation

14 organized under the laws of the state of Delaware with its principal place of business in

15 Michigan.” (Notice of Removal ¶ 18, ECF No. 1.)

16 On October 22, 2020, Ford filed its Notice of Removal pursuant to 28 U.S.C.

17 §§ 1332, 1441(a), and 1446. (Id. at 1.) On January 6, 2021, Plaintiff filed a motion to

18 remand the action to state court. (Mot. to Remand 1.)

19 II. LEGAL STANDARD

20 “Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins.

21 Co. of Am., 511 U.S. 375, 377 (1994). “They possess only that power authorized by

22 Constitution and statute, which is not to be expanded by judicial decree.” Id. (citations

23 omitted). “[A]ny civil action brought in a State court of which the district courts of the

24 United States have original jurisdiction, may be removed by the defendant or the

25 defendants, to the district court of the United States.” 28 U.S.C. § 1441(a).

26 In order to invoke a district court’s diversity jurisdiction, a party must demonstrate

27 there is complete diversity of citizenship between the parties and that the amount in

28 controversy exceeds the sum or value of $75,000, exclusive of interest and costs. See 28

1 U.S.C. § 1332; see also Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). “The burden of

2 establishing federal jurisdiction is on the party invoking federal jurisdiction.” United States

3 v. Marks, 530 F.3d 799, 810 (9th Cir. 2008); see also Geographic Expeditions, Inc. v.

4 Estate of Lhotka, 599 F.3d 1102, 1106–07 (9th Cir. 2010) (“[I]n a case that has been

5 removed from state court to federal court . . . on the basis of diversity jurisdiction, the

6 proponent of federal jurisdiction—typically the defendant in the substantive dispute—has

7 the burden to prove, by a preponderance of the evidence, that removal is proper.”).

8 III. ANALYSIS

9 Both the complete diversity requirement and the amount in controversy requirement

10 are at issue here. (Mot. to Remand 1.) Plaintiff claims that Ford did not adequately allege

11 that there is complete diversity of citizenship, as Ford did not prove by a preponderance of

12 the evidence that Plaintiff is a California citizen. (Id. 4:23–24.) Additionally, Plaintiff

13 argues the amount in controversy is not met because Ford incorrectly includes civil

14 penalties in its calculations. (Id. 6:26–28.) The Court rejects both of these arguments.

15 A. Diversity of Citizenship

16 “When an action is removed based on diversity, complete diversity must exist at

17 removal.” Gould v. Mut. Life Ins. Co. of New York, 790 F.2d 769, 773 (9th Cir. 1986)

18 (citing Miller v. Grgurich, 763 F.2d 372, 373 (9th Cir. 1955)). Complete diversity exists

19 where “the citizenship of each plaintiff is diverse from the citizenship of each defendant.”

20 Caterpillar Inc., 519 U.S. at 68. When removing a case, defendants are “merely required

21 to allege (not to prove)” the citizenship of the parties. See Kanter v. Warner-Lambert

22 Co., 265 F.3d 853, 857 (9th Cir. 2001). Therefore, the Court must determine if Defendant

23 adequately alleged that Plaintiff is a citizen of California.

24 Ford is a citizen of Delaware and Michigan. (Notice of Removal ¶ 18.) In the Notice

25 of Removal, Ford states that Plaintiff is “a citizen and resident of California,” (id. ¶ 17),

26 and provides a purchase order that lists Plaintiff’s address in Spring Valley, California as

27 evidence, (id. Ex. D). This is enough to adequately allege diversity of citizenship exists.

28 See Kanter, 265 F.3d at 857.

1 Plaintiff contends Ford did not prove he is a citizen of California by a preponderance

2 of the evidence. (Mot. to Remand 4:23–24.) However, to remove to federal court, Ford

3 merely had to affirmatively allege that diversity of citizenship exists. See Kanter, 265 F.3d

4 at 857. If Plaintiff contests the truth of the allegation, then Ford may be required to provide

5 more evidence. See McNutt v. General Motors Acceptance Corp. of Ind., 298 U.S. 178,

6 189 (1936). Plaintiff, however, is only asserting that Ford did not meet the pleading

7 requirement. (Mot. to Remand 4:23–24.) Plaintiff never asserted that he is not in fact a

8 California citizen. Therefore, Ford only had to meet the initial requirement and simply

9 allege diversity exists. Thus, the Court finds Ford adequately alleged complete diversity

10 of citizenship.

11 B. Amount in Controversy

12 1. Framework for Determining Potential Damages

13 Plaintiff claims Ford did not adequately prove that the requisite amount in

14 controversy for diversity jurisdiction is met. (Mot. to Remand 1:11–13.) To assert the

15 amount in controversy in the removal notice, a “short and plain” statement need not contain

16 evidentiary submissions and must include only “a plausible allegation that the amount in

17 controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co. v.

18 Owens, 574 U.S. 81, 84, 89 (2014). If the plaintiff challenges the defendant’s asserted

19 amount in controversy, both sides submit proof and the court must find by a preponderance

20 of the evidence that the amount in controversy exceeds the jurisdictional threshold. Id. at

21 88 (quoting 28 U.S.C. § 1446(c)(2)(b)); see also Schneider v. Ford Motor Co., 756 F.

22 App’x 699, 700–01 (9th Cir. 2018) (“The preponderance of the evidence standard applies

23 only after ‘the plaintiff contests, or the court questions, the defendant’s allegation’ and

24 ‘both sides submit proof.’”); Guglielmino v. McKee Foods Corp., 506 F.3d 696, 701 (9th

25 Cir. 2007) (holding that when a complaint “is unclear and does not specify ‘a total amount

26 in controversy,’ the proper burden of proof . . . is proof by a preponderance of the

27 evidence”).

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1 Further, if the existence of diversity jurisdiction depends on the amount in

2 controversy, “[t]he district court may consider whether it is ‘facially apparent’ from the

3 complaint that the jurisdictional amount is in controversy.” Singer v. State Farm Mut.

4 Auto. Ins. Co., 116 F.3d 373, 377 (9th Cir. 1997) (citing Allen v. R & H Oil & Gas Co., 63

5 F.3d 1326, 1335–36 (5th Cir. 1995)). If not, a court may consider facts in the removal

6 notice, and it may “require parties to submit summary-judgment-type evidence relevant to

7 the amount in controversy at the time of removal.” Id.

8 The amount in controversy is “not a prospective assessment of [a] defendant’s

9 liability.” Lewis v. Verizon Commc’ns, Inc., 627 F.3d 395, 400 (9th Cir. 2010). Rather, it

10 is the “amount at stake in the underlying litigation.” Theis Rsch., Inc. v. Brown & Bain,

11 400 F.3d 659, 662 (9th Cir. 2005). In assessing the amount in controversy, a court must

12 “assume that the allegations of the complaint are true and assume that a jury will return a

13 verdict for the plaintiff on all claims made in the complaint.” Campbell v. Vitran Exp.,

14 Inc., 471 F. App’x 646, 648 (9th Cir. 2012) (quoting Kenneth Rothschild Tr. v. Morgan

15 Stanley Dean Witter, 199 F. Supp. 2d 993, 1001 (C.D. Cal. 2002)). “In that sense, the

16 amount in controversy reflects the maximum recovery the plaintiff could reasonably

17 recover.” Arias v. Residence Inn by Marriott, 936 F.3d 920, 927 (9th Cir. 2019) (citing

18 Chavez v. JPMorgan Chase & Co., 888 F.3d 413, 417 (9th Cir. 2018)).

19 As stated above, Plaintiff is seeking restitution, consequential and incidental

20 damages, civil penalties, and attorney’s fees. (Compl. 6:1–10.) Restitution and incidental

21 damages under the Song-Beverly Act include official fees associated with the sale of the

22 vehicle (e.g. sales tax, license fees, and registration fees) and reasonable expenses incident

23 to the vehicle problem (e.g. reasonable repair, towing, and rental car costs). Cal. Civ. Code

24 § 1793.2(d)(2)(B). Plaintiff does not allege the specific amount sought with respect to

25 these damages. (See Compl. 6:1–10.) Therefore, in accordance with Dart Cherokee, the

26 Court must find by a preponderance of the evidence that the amount in controversy asserted

27 by Plaintiff exceeds the jurisdictional threshold. See 574 U.S. at 88.

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1 2. Assessment of Potential Damages

2 Defendant alleges that Plaintiff is seeking more than $88,815.00 in monetary

3 damages and civil penalties, not including compensatory damages or attorney’s fees.

4 (Notice of Removal ¶ 15.) Plaintiff’s Motion to Remand argues that this case fails to meet

5 the amount in controversy requirement because civil penalties should not be included in

6 the jurisdictional amount. (Mot. to Remand 6:26–28.)

7 When actual and punitive damages are recoverable under a complaint’s allegations,

8 each must be considered in determining the amount in controversy. Bell, 320 U.S. at 240.

9 Courts include civil penalties under the Song-Beverly Act in the amount in controversy,

10 acknowledging that these penalties are sufficiently akin to punitive damages. E.g., Brady,

11 243 F. Supp. 2d at 1009 (finding that civil penalties under § 1794(c) are similar to punitive

12 damages such that they “are properly included in the amount in controversy” (citing Suman

13 v. Superior Court, 39 Cal. App. 4th 1309, 1317 (1995))); see also Chabner, 225 F.3d at

14 1046 n.3 (noting that treble damages authorized by state statute could have been taken into

15 account when determining the amount in controversy); cf. Romo, 397 F. Supp. 2d at 1240

16 (holding civil penalties available under the Song-Beverly Act could be considered in

17 determining whether consumer satisfied amount in controversy requirement under

18 Magnuson-Moss Warranty Act for federal question jurisdiction). Therefore, the Court

19 considers Plaintiff’s claim for civil penalties when assessing whether the amount in

20 controversy is met in this case.

21 Here, Plaintiff alleges Ford willfully failed to comply with its obligations under the

22 Vehicle’s express warranty. (Compl. ¶ 17.) Thus, Plaintiff seeks civil penalties under

23 California Civil Code section 1794, which states that if the buyer establishes that the failure

24 to comply was willful, the judgment may include a civil penalty of up to two times the

25 amount of actual damages. (Id. at 6.) Plaintiff’s alleged actual damages include restitution

26 for the entire purchase price of the Vehicle pursuant to California Civil Code section

27 1794(b)(1). (Id. ¶ 16.) Plaintiff allegedly leased a 2019 Ford Mustang with a total purchase

28 price of $29,605.00. (Notice of Removal Ex. D.) This is reduced to $26,818.18 due to the

1 statutory offset for miles driven prior to the first repair. See Cal. Civ. Code §

2 1792(d)(2)(C). See infra Part III.C.1. It follows then that should Plaintiff prevail, exclusive

3 of incidental damages and restitution, a civil penalty of up to $53,636.36—two times his

4 actual damages of $26,818.18–can be awarded. See Cal. Civ. Code § 1794(e)(1). The civil

5 penalty claim for twice the actual damages alone implicates more than the difference of

6 $48,181.82 between the claim for restitution based on the cost of the Vehicle—

7 $26,818.18—and the jurisdictional threshold—$75,000.00. Taking together Plaintiff’s

8 claim for at least $26,818.18 in actual damages and $53,636.36 in civil penalties, the Court

9 accepts Defendant’s calculation that Plaintiff is seeking relief in excess of $80,454.54,

10 therefore exceeding the threshold jurisdictional amount.1

11 Further, Plaintiff alleges that he is entitled to the full “civil penalty of two times

12 Plaintiff’s actual damages,” and not simply up to that amount. (Compl. ¶ 10.) Therefore,

13 Plaintiff’s own allegations support the conclusion that the maximum amount of civil

14 penalties is properly included in the amount in controversy determination. More broadly,

15 the Court also is persuaded by comparable decisions that consider the maximum amount

16 of civil penalties because that is what has been placed into controversy. E.g., Verastegui

17 v. Ford Motor Co., No. 19-cv-04806-BLF, 2020 WL 598516, at *3 (N.D. Cal. Feb. 7,

18 2020); see also Theis Rsch., 400 F.3d at 662; cf. Saulic v. Symantec Corp., No. SA CV 07-

19 610 AHS (PLAx), 2007 WL 5074883, at *4 (C.D. Cal. Dec. 26, 2007) (“Courts as a matter

20 of law, calculate the amount in controversy based upon the maximum amount of civil

21 penalties available to [the] plaintiff.”).

22 Overall, the Court is convinced by a preponderance of the evidence that Plaintiff’s

23 claim for damages, attorney’s fees, and civil penalties meets the jurisdictional threshold.

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27 1 Moreover, Plaintiff’s potential actual damages are even higher than $26,818.18. As mentioned,

these damages may include not only restitution based on the Vehicle’s price, but also incidental damages.

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1 C. Plaintiff’s Contentions

2 Although Plaintiff’s allegations and Ford’s evidence indicate that the amount in

3 controversy exceeds $75,000, Plaintiff offers several more nuanced arguments for why the

4 jurisdictional threshold has not been met and remand is otherwise appropriate. To avoid

5 any doubt, the Court will address these arguments below.

6 1. Restitution Offset

7 Plaintiff contends that Ford does not account for “significant statutory offsets” that

8 lower the amount in controversy below the jurisdictional amount. (Mot. to Remand 7:3–

9 6.) However, the statutory offset provided by the Song-Beverly Act does not lower the

10 amount in controversy below the required jurisdictional amount. To calculate the statutory

11 offset, the purchase price of the vehicle is multiplied by the number of miles driven at the

12 first repair attempt, and that number is divided by 120,000. Cal. Civ. Code §

13 1792(d)(2)(C). Here, the purchase price is $29,605.00. (Notice of Removal Ex. D.) The

14 number of miles driven at the first repair attempt is 11,296 (11,313 miles presented minus

15 17 miles driven at the time of purchase).2 (Rose Decl. at ¶ 13, Ex. 2.) The purchase price,

16 $29,605.00, multiplied by 11,296 miles, then divided by 120,000, comes out to $2,786.82.

17 Thus, the statutory offset only reduces the potential actual damages to $26,818.18, and

18 accordingly lowers the maximum amount of civil penalties to $53,636.36. This brings the

19 total amount of damages to $80,454.54, which is still above the $75,000 threshold—

20 without considering incidental damages or attorney’s fees. Therefore, the statutory offset

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2 Plaintiff objects to Ford’s introduction of a repair order that notes the Vehicle’s mileage, arguing

23 the document lacks authentication and contains hearsay. (ECF No. 12-2.) The Court overrules Plaintiff’s

objections. The same repair order was produced with Plaintiff’s initial disclosures, and there is no

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indication that the Vehicle’s mileage could not be presented in a form that would be admissible in

25 evidence. (Rose Decl. ¶¶ 12–13, Exs. 1–2, ECF No. 10-1.) See Singer, 116 F.3d at 377 (noting the court

can consider “summary-judgment-type evidence relevant to the amount in controversy at the time of

26 removal”); Fed. R. Civ. P. 56(c)(2) (providing “[a] party may object that the material cited to support or

dispute a fact cannot be presented in a form that would be admissible in evidence”); see also United States

27 v. Ceballos, 789 F.3d 607, 618 (5th Cir. 2015) (characterizing the burden to authenticate a document as

“low”); cf. In re Greenwood Air Crash, 924 F. Supp. 1511, 1514 (S.D. Ind. 1995) (“Production of a

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1 does not lower the estimated damages enough to bring it below the required amount in

2 controversy, and jurisdiction is still proper.

3 2. Burden to Show Alleged Civil Penalties

4 Even if civil penalties may be included in the amount in controversy, Plaintiff argues

5 that since the facts in the complaint do not “necessarily compel the conclusion that civil

6 penalties are inevitable,” these damages are speculative and should not be included in the

7 amount in controversy. (See Mot. to Remand 8:6–7.) The court in Eberle v. Jaguar Land

8 Rover North America, LLC, and several courts in this district have noted in Song-Beverly

9 Act cases that the removing party must make some effort to justify the assumption that

10 civil penalties will be awarded in order for the penalties to be included in the amount in

11 controversy. No. 2:18-cv-06650-VAP-PLA, 2018 WL 4674598, at *2 (C.D. Cal. Sept. 26,

12 2018); see also Zawaideh v. BMW of N. Am., LLC, No. 17-cv-2151-W-KSC, 2018 WL

13 1805103, at *2–3 (S.D. Cal. Apr. 17, 2018) (evaluating two district court decisions to

14 conclude there was an inadequate showing that penalties would be awarded when assessing

15 the amount in controversy where actual damages at issue were $14,470). These cases

16 indicate that removing parties should justify the assumption of civil penalties by pointing

17 to allegations in the complaint and providing judgments from similar cases regarding the

18 likely amount of penalties. See Herko v. FCA U.S. LLC, No. 19-cv-2057-JLS-WVG, 2019

19 WL 5587140, at *2 (S.D. Cal. Oct. 30, 2019) (citing Zawaideh to find defendant failed to

20 show some justification that civil penalties would be appropriate and where the total sale

21 price of the vehicle was $54,393.84); Castillo v. FCA U.S. LLC, No. 19-cv-151-CAB-

22 MDD, 2019 WL 6607006, at *2 (S.D. Cal. Dec. 5, 2019) (citing Herko and Zawaideh to

23 find similarly where actual damages contended by defendant were $26,131.31).3

24 The Ninth Circuit, however, has held that a “defendant’s showing on the amount in

25 controversy may rely on reasonable assumptions.” Arias, 936 F.3d at 922; Ibarra v.

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27 3 Relatedly, other courts in this district have also concluded that civil penalties are more inherently

included in the amount in controversy. See Ferrer v. FCA U.S. LLC, No. 17-cv-0530-AJB-BGS, 2017

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1 Manheim Invs., Inc., 775 F.3d 1193, 1197–99 (9th Cir. 2015) (“[E]vidence may be direct

2 or circumstantial. In either event, a damages assessment may require a chain of reasoning

3 that includes assumptions.”). Further, assumptions made part of the defendant’s chain of

4 reasoning do not need to be proven; they instead must only have “some reasonable ground

5 underlying them.” Arias, 936 F.3d at 927 (quoting Ibarra, 775 F.3d at 1199).4

6 Here, Ford’s assumption that the amount in controversy includes the maximum

7 amount of civil penalties is reasonable. Initially, this assumption is founded on the

8 allegations of the Complaint. See id. at 925 (“An assumption may be reasonable if it is

9 founded on the allegations of the complaint.”). As stated above, Ford points to Plaintiff’s

10 allegation that he is entitled to “a civil penalty of two times Plaintiff’s actual damages

11 pursuant to Civil Code section 1794, subdivision (c).” (Compl. ¶ 10.) Plaintiff also alleges

12 Ford’s failure to comply with the warranty was willful because “Defendant and its

13 representative were aware that they were unable to service or repair the Vehicle to conform

14 to the applicable express warranties after a reasonable number of attempts, yet Defendant

15 failed and refused to promptly replace the Vehicle or make restitution.” (Id.) See also

16 Jensen v. BMW of N. Am., Inc., 35 Cal. App. 4th 112, 136 (1995) (noting that in determining

17 willfulness, the jury can consider factors including whether the manufacturer knew the

18 vehicle had not been repaired and whether the manufacturer had a written policy on Song-

19 Beverly’s requirement to repair or replace a vehicle).

20 Accordingly, the Court rejects Plaintiff’s argument that Ford fails to demonstrate

21 that the maximum potential civil penalties may be included in the amount in controversy

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23 calculating the amount in controversy where actual damages at issue were $27,810.29); see also Locher

v. Thor Motor Coach, Inc., No. 3:17-cv-01804-GPC-MDD, 2017 WL 6016114, at *4 (S.D. Cal. Dec. 5,

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2017) (noting that courts calculate the amount in controversy based upon the maximum amount of civil

25 penalties available to the plaintiff where the value of the rescission claim was $65,363.29).

4 See Lewis, 627 F.3d at 400 (“To establish the jurisdictional amount . . . Defendant here need

26 only “bear the burden to show that its estimated amount in controversy relie[s] on reasonable

assumptions.”); see also, e.g., Cortez Martinez v. Ford Motor Co., No. 18-cv-01607-LJO-JLT, 2019 WL

27 1988398, at *2 (E.D. Cal. May 6, 2019); cf. Tremper v. FCA U.S. LLC, No. 20-cv-00828-HSG, 2020 WL

2991585, at *2 (N.D. Cal. June 4, 2020) (finding defendant’s assumption unreasonable in a Class Action

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1 |}calculation. Because Ford has adequately shown that these penalties are part of “the

2 ||amount at stake” in the litigation, they are properly considered as part of “the amount in

3 ||controversy for purposes of diversity jurisdiction.” See Theis Rsch., 400 F.3d at 662; see

4 || also Arias, 936 F.3d at 927.

5 3. Comity

6 Lastly, Plaintiff contends that comity principles weigh in favor of remand. (Mot. to

7 Remand 11:1.) The constitutionality of removal is well-settled law. Tennessee v. Davis,

8 || 100 U.S. 257, 258 (1879). When the defendant seeks to remove on the basis of diversity

9 a federal question, the removal will stand if either ground is well taken. Great N. Ry.

10 || Co. v. Galbreath Cattle Co., 271 U.S. 99, 101 (1926). Therefore, the Court rejects

11 || Plaintiff's argument that comity principles weigh in favor of remand. See BNSF Ry. Co.

12 O'Dea, 572 F.3d 785, 793 n.2 (9th Cir. 2009) (Fisher, J., concurring) (“[T]he diversity

13 ||statute, unlike the supplemental jurisdiction statute, does not afford district courts the

14 || discretion to decline jurisdiction over state law claims. District courts sitting in diversity

15 ||therefore lack the option of refusing state law claims out of consideration for “judicial

16 |}economy, convenience, fairness, and comity.’” (citation omitted) (quoting City of Chicago

17 || v. Int’l Coll. of Surgeons, 522 U.S. 156 (1997))).

18 CONCLUSION

19 For the foregoing reasons, Ford has adequately alleged that diversity of citizenship

20 || exists and has shown by a preponderance of the evidence that the jurisdictional amount in

21 ||controversy here has been met, therefore satisfying the requirements for diversity

22 ||jurisdiction under 28 U.S.C. § 1332. Thus, Defendant has properly removed this action to

23 || this Court pursuant to 28 U.S.C. § 1441(a). The Court consequently DENIES □□□□□□□□□□□

24 || Motion to Remand (ECF No. 5).

25 IT IS SO ORDERED.

26 /\ yy

27 || DATED: June 28, 2021 (yillig (Agha 6

28 United States District Judge

41.

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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