Opinion
2:24-cv-06289-MCS-BFM
07-30-2024
Lopez v. Nissan N. Am., Inc.
PRESENT: THE HONORABLE MARK C. SCARSI, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION
The Complaint in this case alleges violations of the Song-Beverly Consumer Warranty Act. Defendant removed the action from state court, invoking diversity jurisdiction. (Notice of Removal (“NOR”), ECF No. 1.)
The Court questions its jurisdiction over the action. See Gonzalez v. Thaler, 565 U.S. 134, 141 (2012) (obliging courts to examine subject-matter jurisdiction issues sua sponte). Federal courts are of limited jurisdiction, having subject-matter jurisdiction only over matters authorized by the Constitution and Congress. Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A defendant may remove a civil action in state court to federal court if the federal court has original jurisdiction over the action. 28 U.S.C. § 1441(a). There is a “strong presumption” against removal jurisdiction, and the removing party bears the burden of proving that removal is proper. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).
To invoke diversity jurisdiction, a party must demonstrate that there is complete diversity of citizenship between the parties and that the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). “[W]here it is unclear or ambiguous from the face of a state-court complaint whether the requisite amount in controversy is pled,” the removing defendant must establish by a preponderance of the evidence that the amount in controversy “more likely than not” exceeds $75,000. Guglielmino v. McKee Foods Corp., 506 F.3d 696, 699 (9th Cir. 2007); Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996).
The amount in controversy is not clear from the face of the Complaint. (See generally NOR Ex. A, ECF No. 1-1.) The Court questions Defendant's representations concerning the amount in controversy presented in the notice of removal.
The Court orders Defendant to show cause why the case should not be remanded for lack of jurisdiction. Defendant shall file a written response within 14 days either acknowledging the Court lacks diversity jurisdiction or establishing by a preponderance of evidence that the amount in controversy “more likely than not” exceeds $75,000. Guglielmino, 506 F.3d at 699; see also Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 89 (2014) (requiring “[e]vidence establishing the amount . . . when . . . the court questions[] the defendant's allegation” of the amount in controversy). Plaintiff may respond to Defendant's response within seven days of its filing.
IT IS SO ORDERED.