Yossi Sabag v. FCA US LLC et al

Filing 21

MINUTES (IN CHAMBERS) - PLAINTIFF YOSSI SABAG'S MOTION TO REMAND by Judge Christina A. Snyder: Plaintiff filed his first amended complaint ("FAC") more than 21 days after filing his original complaint in state court. Therefore, he was not entitled to amend his pleading as a matter of course. In addition, plaintiff failed to obtain leave to amend his complaint and failed to obtain leave to add a party. Accordingly, the Court may not consider plaintiff's FAC. The Court therefore DENIES without prejudice plaintiff's motion to remand this action to California state court 13 . Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
2:16-cv-06639-CAS(RAOx)
Date
YOSSI SABAG v. FAC US, LLC; ET AL.

‘O’
November 1, 2016

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

N/A 

Tape No.

Attorneys Present for Defendants: 

Not Present 
Court Reporter / Recorder

Attorneys Present for Plaintiffs: 

Not Present 
Not Present 
Proceedings:  
(IN CHAMBERS) - PLAINTIFF YOSSI SABAG’S MOTION
TO REMAND (Dkt. 13, filed September 30, 2016)

The Court finds this motion appropriate for decision without oral argument. See Fed.
R. Civ. P. 78; C.D. Cal. Local Rule 7-15. Accordingly, the hearing date of November 1,
2016 is vacated, and the matter is hereby taken under submission.
I.

INTRODUCTION

On August 1, 2016, plaintiff Yossi Sabag filed Los Angeles County Superior Court
against defendants FCA US, LLC (“FCA”) and Does 1–10, inclusive. Dkt 1-1
(“Compl.”). The complaint alleged six causes of action: (1) violation of California Civil
Code § 1793.2(d) arising from the failure to service or repair plaintiff’s vehicle to
conform to the applicable express warranties and the failure to promptly replace the
vehicle or make restitution; (2) violation of California Civil Code § 1793.2(b) arising
from the failure to service or repair plaintiff’s vehicle so as to conform to the applicable
warranties within 30 days; (3) violation of California Civil Code § 1793.2(a)(3) arising
from the failure to make available to authorized service and repair facilities sufficient
service literature and replacement parts to effect repairs during the express warranty
period; (4) breach of express written warranty, pursuant to California Civil Code §§
1791.2(a) and 1794; (5) breach of the implied warranty of merchantability, pursuant to
California Civil Code §§ 1791.1(a) and 1794; and (6) violation of the Magnuson-Moss
Warranty Act, 15 U.S.C. § 2301(3). Id.
On September 2, 2016, defendant FCA removed this action to this Court. Dkt. 1
(“Notice of Removal”).

CV-549 (10/16)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
2:16-cv-06639-CAS(RAOx)
Date
YOSSI SABAG v. FAC US, LLC; ET AL.

‘O’
November 1, 2016

On September 22, 2016, plaintiff filed his first amended complaint. Dkt. 8
(“FAC”). In the FAC, plaintiff includes as a defendant San Fernando Motor Company
and no longer seeks to recover under the Magnuson-Moss Warranty Act. Id.
On September 30, 2016, plaintiff filed a motion to remand this action to California
state court. Dkt. 13-1 (“Motion”). On October 17, FCA filed its opposition, dkt. 16
(“Opp’n”), and on October 24, 2016, plaintiff filed his reply, dkt. 17.
Plaintiff filed his FAC more than 21 days after filing his original complaint in state
court. Therefore, he was not entitled to amend his pleading as a matter of course. See
Fed. R. Civ. P. 15(a)(1). In addition, plaintiff failed to obtain leave to amend his
complaint and failed to obtain leave to add a party. See Fed. R. Civ. P. 15(a)(2); 28
U.S.C. § 1447(e). Accordingly, the Court may not consider plaintiff’s FAC. The Court
therefore DENIES without prejudice plaintiff’s motion to remand this action to
California state court.
IT IS SO ORDERED.
00 
Initials of Preparer

CV-549 (10/16)

CIVIL MINUTES - GENERAL

: 

00 

CMJ 

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