Veronica Allen v. FCA US LLC
Filing
20
MINUTE ORDER (IN CHAMBERS) DENYING #13 MOTION TO REMAND by Judge Stephen V. Wilson re: #13 MOTION to Remand Case to State Court. Before the Court is Plaintiff's motion to remand. Dkt. 13. The Court concludes that the motion should be denied. (See document for details) (mrgo)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
2:21-cv-03320-SVW-E
Title
July 13, 2021
Veronica Allen v. FCA US, LLC et al.
Present: The Honorable
Date
STEPHEN V. WILSON, U.S. DISTRICT JUDGE
Paul M. Cruz
N/A
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
N/A
N/A
Proceedings:
ORDER DENYING [13] MOTION TO REMAND.
Before the Court is Plaintiff’s motion to remand. Dkt. 13.
The Court concludes that the motion should be denied. As to actual damages, Plaintiff is
entitled to the actual amount of funds paid to the seller. See Brady v. Mercedes-Benz USA, Inc., 243 F.
Supp. 2d 1004, 1008 (N.D. Cal 2002). Here, Defendant has produced evidence that, thus far, Plaintiff
has paid at least $29,000 to the seller. See Dkt. 18; see also Dkt. 1-4 at 31.
In addition to actual damages, Plaintiff also seeks civil penalties in the amount of two times
actual damages, pursuant to Cal. Civ. Code § 1794. See Compl. at 26 (prayer for relief separately
seeking actual damages and civil penalties in the amount of two times actual damages). Here, two
times actual damages is $58,000.
Taken together, those two amounts—$58,000 and $29,000—comfortably exceed the required
amount in controversy. That remains true even in light of a potential mileage offset, particularly
because the Court’s conclusion does not account for other potential recoveries, e.g., punitive damages
and attorney’s fees that Plaintiff seeks. See id. (prayer for relief requesting attorney’s fees); see also
Fritsch v. Swift Transportation Co. of Arizona, LLC, 899 F.3d 785, 794 (9th Cir. 2018) (future
attorney’s fees should be considered in calculating amount in controversy).
Plaintiff places undue emphasis on her complaint, which states that Plaintiff “suffered damages
in a sum to be proven at trial in an amount that is not less than $25,001.00.” Compl. ¶ 10. Plaintiff
:
Initials of Preparer
PMC
CIVIL MINUTES - GENERAL
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
2:21-cv-03320-SVW-E
Date
Title
July 13, 2021
Veronica Allen v. FCA US, LLC et al.
suggests that this amount constitutes her “total damages”—i.e., (1) actual damages; (2) civil penalties;
(3) attorney’s fees; and (4) punitive damages. Mot. at 6.
Even accepting this premise, Plaintiff’s argument ignores the plain language of her own
allegation: Plaintiff’s total damages are “not less than $25,001.00.”1 Compl. ¶ 10 (emphasis added).
In other words, the Court’s conclusion that the amount in controversy is satisfied is entirely consistent
with Plaintiff’s allegations in her complaint.
For the foregoing reasons, Plaintiff’s motion to remand is DENIED.
IT IS SO ORDERED.
1
Plaintiff’s argument is also entirely unpersuasive in light of her unwillingness to stipulate that “total damages” did not
exceed $75,000. See Opp. at 1.
:
Initials of Preparer
PMC
CIVIL MINUTES - GENERAL
Page 2 of 2
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