Teresa Acevedo v. Kia Motors America, Inc.

Filing 14

ORDER REMANDING TO STATE COURT by Judge Dean D. Pregerson: The parties stipulated to dismiss the causes of action arising under the Magnuson Moss Warranty Act on May 11, 2015. Because the Magnuson Moss Warranty Act was the basis for federal question jurisdiction, this court no longer has subject matter jurisdiction. Furthermore, it does not appear that there are grounds for diversity jurisdiction. Accordingly, the Court REMANDS this action to Los Angeles County Superior Court. Case number BC 573048 Case Terminated. Made JS-6 (lc). Modified on 6/2/2015 .(lc).

1
2

O

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

TERESA ACEVEDO, an
individual,

12
Plaintiff,
13
v.
14
15
16

KIA MOTORS AMERICA, INC., a
California corporation;
CARSON CJ, LLC dba CAR PROS
KIA, a California limited
liability company,

17
Defendants.
18
___________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV 15-02183 DDP (AJWx)
ORDER REMANDING TO STATE COURT

19
20
21

Defendant removed the action to this Court on March 24, 2015
on the basis of federal question jurisdiction.

22

Federal courts are courts of limited jurisdiction.

Owen

23

Equip. & Erection Co. v. Kroger, 437 U.S. 365, 374 (1978).

24

district courts have “original jurisdiction of all civil actions

25

arising under the Constitution, laws, or treaties of the United

26

States.”

27

exercise diversity jurisdiction when there is complete diversity

28

///

28 U.S.C. § 1331.

Federal

Alternatively, district courts may

1

between the parties and the amount in controversy exceeds $75,000.

2

28 U.S.C. § 1332.

3

The parties stipulated to dismiss the causes of action arising

4

under the Magnuson Moss Warranty Act on May 11, 2015. Because the

5

Magnuson Moss Warranty Act was the basis for federal question

6

jurisdiction, this court no longer has subject matter jurisdiction.

7

Furthermore, it does not appear that there are grounds for

8

diversity jurisdiction.

9
10

Accordingly, the Court REMANDS this action to Los Angeles
County Superior Court.

11
12

IT IS SO ORDERED.

13
14
15

Dated: June 2, 2015
DEAN D. PREGERSON
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
2