Opinion

Yvonne Roa v. FCA US LLC

Court
District Court, C.D. California
Filed
May 5, 2022
Cited by
0 cases
Authority
More cited than 16.3%

The opinion

Case 8:21-cv-01318-JLS-ADS Document 38 Filed 05/05/22 Page 1 of 6 Page ID #:662

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:21-cv-01318-JLS-ADS Date: May 05, 2022

Title: Yvonne Roa v. FCA US LLC et al

Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

D. Rojas N/A

Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING MOTION TO

REMAND (Doc. 24)

Before the Court is a Motion to Remand filed by Plaintiff Yvonne Roa. (Mot.,

Doc. 24.) Defendant FCA US, LLC opposed, and Plaintiff did not reply. (Opp., Doc.

33.) The Court took the matter under submission. For the following reasons, the Court

now DENIES Plaintiff’s Motion.

I. BACKGROUND

In the Superior Court of California (County of Orange), Plaintiff filed a Complaint

against FCA US, LLC and Tuttle-Click’s Tustin Chrysler Jeep Dodge (“Tuttle-Click”).

(Declaration of Hailey M. Rogerson (“Rogerson Decl.”) ¶ 4, Doc. 1-2; Ex. A

(Complaint), Doc. 1-3.) Plaintiff is a resident of California. (Ex. A (Complaint) at ¶ 2,

Doc. 1-3.) Defendant FCA US, LLC “is a corporation organized and in existence under

the laws of the State of Delaware” with its “principal place of business . . . in the State of

Michigan.” (Id. ¶ 4.) Tuttle-Click was dismissed by Plaintiffs on July 8, 2021.

(Rogerson Decl. ¶ 8, Doc. 1-2.)

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CIVIL MINUTES – GENERAL 1

Case 8:21-cv-01318-JLS-ADS Document 38 Filed 05/05/22 Page 2 of 6 Page ID #:663

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:21-cv-01318-JLS-ADS Date: May 05, 2022

Title: Yvonne Roa v. FCA US LLC et al

In the Complaint, Plaintiff alleges that “[o]n or about September 5, 2016, [she]

purchased a 2016 Jeep Wrangler . . . , which was manufactured and or distributed by

Defendant FCA.” (Ex. A (Complaint) at ¶ 7, Doc. 1-3.) Plaintiff alleges that “[d]uring

the warranty period, the Vehicle contained or developed defects, including but not limited

to, defects related to the electrical system; defects related to the totally integrated power

module (‘TIPM’),” and “defects causing a failure to start.” (Id. ¶ 9.) Plaintiff further

alleges that “[s]aid defects substantially impair the use, value, or safety of the Vehicle.”

(Id.) Accordingly, Plaintiff brought suit alleging California Song-Beverly Consumer

Warranty Act claims and a fraudulent concealment claim against FCA. (See ¶¶ 116-133,

139-157.)

Plaintiff asserts that, as a result of the alleged violations, she “suffered damages in

a sum to be proven at trial in an amount that is not less than $25,001.00.” (Id. ¶ 10.)

Plaintiff also seeks, among other things, “a civil penalty in the amount of two times

Plaintiff’s actual damages pursuant to Civil Code section 1794.” (Id. Prayer for Relief.)

Defendant alleges that “[i]f Plaintiff were to prevail on her Song-Beverly claims, she

could be awarded damages well in excess of $75,000.00.” (Rogerson Decl. ¶ 13, Doc. 1-

2.) Defendant notes that Plaintiff’s actual damages are “at least $61,831.68, which is a

conservative estimate, and before the consideration of double civil penalties, attorney’s

fees, incidental, consequential, and punitive damages, all of which Plaintiff also seeks in

this litigation.” (Opp. at 1, Doc. 33.) As support for its actual damages calculation,

Defendant cites to Plaintiff’s Supplemental Responses to Defendant FCA US LLC’s First

Set of Interrogatories wherein Plaintiff estimated her actual damages as “$69,010.68.”

(Ex. 1 (to the Declaration of Ali Azemoon) at PDF Page 5, Doc. 33-2.) Specifically, in

her responses, Plaintiff notes that she seeks “[a]pproximately $61,831.68” in restitution

(“the sale price of the vehicle ($22,900.02 paid on lease plus $38,931.66 paid to purchase

through financing)”) and $7,179 in “[i]nsurance premiums.” (Id.)

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Case 8:21-cv-01318-JLS-ADS Document 38 Filed 05/05/22 Page 3 of 6 Page ID #:664

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:21-cv-01318-JLS-ADS Date: May 05, 2022

Title: Yvonne Roa v. FCA US LLC et al

II. LEGAL STANDARD

The “[f]ederal courts are courts of limited jurisdiction.” Corral v. Select Portfolio

Servicing, Inc., 878 F.3d 770, 773 (9th Cir. 2017) (internal quotation marks omitted).

Therefore, “[i]t is to be presumed that a cause lies outside this limited jurisdiction, and

the burden of establishing the contrary rests upon the party asserting jurisdiction.” Id.

(internal quotation marks omitted). For a defendant seeking to remove pursuant to 28

U.S.C. § 1441, which permits removal based on diversity and federal-question

jurisdiction, there exists a “‘strong presumption against removal.’” Hunter v. Philip

Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009). This “strong presumption against

removal jurisdiction means that the defendant always has the burden of establishing that

removal is proper, and that the court resolves all ambiguity in favor of remand to state

court.” Id. (internal quotation marks omitted).

III. DISCUSSION

Plaintiff argues that this Court should remand this action because “Defendant has

fallen far short of carrying its heavy burden of proof of showing that removal was proper

because Defendant’s Notice of Removal fails to establish the amount in controversy

exceeds $75.000.” (Mem. at 4, Doc. 24-1.) A federal court has diversity jurisdiction if

the amount in controversy exceeds $75,000 and the parties to the action are citizens of

different states. See 28 U.S.C. § 1332. Plaintiff does not contest that the parties are

diverse; rather, she challenges whether Defendant has established that the amount in

controversy exceeds $75,000 by a preponderance of the evidence. “[T]he amount in

controversy is determined by the complaint operative at the time of removal and

encompasses all relief a court may grant on that complaint if the plaintiff is victorious.”

Chavez v. JPMorgan Chase & Co., 888 F.3d 413, 414-15 (9th Cir. 2018); see also Theis

Rsch., Inc. v. Brown & Bain, 400 F.3d 659, 662 (9th Cir. 2005) (“[T]he amount at stake

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Case 8:21-cv-01318-JLS-ADS Document 38 Filed 05/05/22 Page 4 of 6 Page ID #:665

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:21-cv-01318-JLS-ADS Date: May 05, 2022

Title: Yvonne Roa v. FCA US LLC et al

in the underlying litigation . . . is the amount in controversy for purposes of diversity

jurisdiction”). “If it is unclear what amount of damages the plaintiff has sought … then

the defendant bears the burden of actually proving the facts to support jurisdiction,

including the jurisdictional amount.” Gaus v. Miles, Inc., 980 F.2d 564, 566-67 (9th Cir.

1992) (emphasis omitted). The “proper burden of proof” in cases where the “complaint

is unclear and does not specify ‘a total amount in controversy,’” as is the case here, “is

proof by a preponderance of the evidence.” Guglielmino v. McKee Foods Corp., 506

F.3d 696, 701 (9th Cir. 2007).

Here, Defendant has met its burden in establishing that the amount in controversy

exceeds $75,000 by a preponderance of the evidence. Defendant notes that Plaintiff

estimates her actual damages in this case as “[a]pproximately $69,010.68,” as noted in

her Supplemental Responses to Defendant FCA US LLC’s First Set of Interrogatories.”

(Ex. 1 (to the Declaration of Ali Azemoon) at PDF Page 5, Doc. 33-2.) Specifically,

Defendant notes that Plaintiff seeks $61,831.68 in restitution, which Plaintiff states

encompasses the “$22,900.02 paid on lease plus $38,931.66 paid to purchase through

financing.” (Id.) Plaintiff also seeks $7,179 in “[i]nsurance premiums” bringing her

estimate of actual damages to $69,010.68. (Id.) Defendant has also demonstrated that it

considered mileage offsets in calculating Plaintiff’s damages under the Act. See Cal. Civ.

Code § 1793.2(d)(1); see also Cal. Civ. Code § 1793.2(d)(2). Defendant notes that “the

mileage offset, when calculated most favorably to Plaintiff, is $164.991 (resulting in a

1 Defendant notes that “Plaintiff first brought in the vehicle for repair on September 19,

2016, at 547 miles when the Vehicle failed to start,” which Plaintiff “identified as a

nonconforming defect in Plaintiff’s Complaint.” (Notice of Removal ¶ 33, Doc. 1.) Defendant

contends that “[u]sing the Song Beverly offset calculation, 532 miles, divided by 120,000 miles,

and then multiplied by the purchase price of the Subject Vehicle ($37,216.36), obtains the offset

figure of $164.99.” (Id. ¶ 34.) Defendant also notes an offset figure of $15,356.40 “based on a

presentation which occurred on or about December 12, 2019, at 49,531 miles” as alleged in the

Complaint. (Opp. at 13, Doc. 33; Complaint.)

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Case 8:21-cv-01318-JLS-ADS Document 38 Filed 05/05/22 Page 5 of 6 Page ID #:666

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:21-cv-01318-JLS-ADS Date: May 05, 2022

Title: Yvonne Roa v. FCA US LLC et al

total damages calculation of $61,666.69 before all other damages requests are taken into

account) and “[w]hen calculated in a most favorable way to FCA,” as “$15,356.40.”

(Opp. at 13, Doc. 33.) Defendant contends that with either mileage offset, the amount in

controversy more likely than not exceeds $75,000 as Plaintiff also seeks a “civil penalty

in the amount of two times Plaintiff’s actual damages.” (Ex. A (Complaint) at p. 25,

Doc. 1-3; Opp. at 13-14, Doc. 33); Cal. Civ. Code § 1794(c) (providing that “a civil

penalty . . . shall not exceed two times the amount of actual damages”).

Plaintiff offers several arguments as to why Defendant’s amount-in-controversy

calculations are speculative; none are persuasive here. Plaintiff notes that “it is

insufficient” for Defendant “to merely point to Plaintiff’s purchase agreement . . . to

establish the amount of actual damages in controversy,” as “Defendant must also provide

essential facts about the purchase price and use of the Subject Vehicle.” (Mem. at 8,

Doc. 24-1.) However, Defendant has not merely relied upon Plaintiff’s purchase

agreement, as Defendant has pointed to Plaintiff’s own estimate of her actual damages,

such as her statement that she seeks to recover the “$22,900.02” paid on the lease plus

$38,931.66 paid to purchase through financing.” (Ex. 1 (to the Declaration of Ali

Azemoon) at PDF Page 5, Doc. 33-2.) Plaintiff also contends that Defendant’s mileage

offset calculations are speculative because the mileage offset is determined by

“identify[ing] the first repair attempt for the substantially impairing” defect and that

“FCA never identifies the substantially impairing defect, and fails to acknowledge that

Plaintiff’s operative Complaint alleges a multitude of various defects, with the ‘failing to

start’ issue as only one of the alleged defects.” (Mem. at 9, Doc. 24-1.) However, even

assuming Plaintiff’s assuming legal contentions are correct, Defendant has provided in its

Opposition two calculations of the mileage offset (one Defendant contends, and Plaintiff

has not disputed, is most favorable to Plaintiff and the other most favorable to

Defendant). (See, e.g., Opp. at 13, Doc. 33; Ex. A (Complaint) at ¶¶ 107-108, Doc. 1-3.)

Moreover, Defendant has sufficiently demonstrated that neither amount reduces the

amount-in-controversy below $75,000. (See Opp. at 13-14, Doc. 33.)

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Case 8:21-cv-01318-JLS-ADS Document 38 Filed 05/05/22 Page 6 of 6 Page ID #:667

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:21-cv-01318-JLS-ADS Date: May 05, 2022

Title: Yvonne Roa v. FCA US LLC et al

In sum, Defendant has met its burden in showing that the amount-in-controversy

exceeds $75,000 by a preponderance of the evidence.

IV. CONCLUSION

For the above reasons, Plaintiff’s Motion is DENIED.

Initials of Deputy Clerk: droj

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CIVIL MINUTES – GENERAL 6

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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