Kaakejian v. General Motors LLC

Filing 19

ORDER DISMISSING Plaintiff's Fraud and UCL Claims and REMANDING THE ACTION to the State Court Based Upon the Stipulation of the Parties signed by District Judge Jennifer L. Thurston on 9/25/2024. Certified copy of remand order sent to other court. CASE CLOSED. CASE CLOSED. (Xiong, J.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HAROUT KAAKEJIAN,
Plaintiff,

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v.

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GENERAL MOTORS LLC, a limited
liability company; and DOES 1 through 10,
inclusive,
Defendants.

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Case No. 1:24-cv-0011 JLT CDB
ORDER DISMISSING PLAINTIFF’S FRAUD
AND UCL CLAIMS AND REMANDING
THE ACTION TO THE STATE COURT
BASED UPON THE STIPULATION OF THE
PARTIES
(Doc. 17)
Kern County Superior Court
Case No. BCV-23-104011

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On July 23, 2024, the Court dismissed Plaintiff’s Fourth Cause of Action for Fraud and

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Fifth Cause of Action for Violation of Business & Professions Code §17200 with leave to amend.

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Plaintiff’s First Amended Complaint filed August 8, 2024, did not include Plaintiff’s previous

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Fraud and UCL claims. (Doc. 14.)
On September 24, 2024, Harout Kaakejian and General Motors LLC, by and through their

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counsel of record, filed a Stipulation of Maximum Damages Limit, Dismissal of Claims and to

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Remand Removed Action. The parties stipulated that any and all of Plaintiff’s damages shall

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never, under any circumstance, exceed $75,000. (Doc. 17.) Accordingly, this Court no longer

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has subject matter jurisdiction over Plaintiff’s civil action because the case does not meet the

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minimum amount in controversy. (Id.)

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Based on the Stipulation of the parties, the Court ORDERS:

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1.

Plaintiff’s Fourth and Fifth Causes of Action for Fraud and UCL are DISMISSED
without further leave to amend, pursuant to this Court’s order.

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2.

Plaintiff’s total recovery of any and all damages SHALL be capped at $75,000.

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3.

This action is REMANDED to Kern County Superior Court, Case No.: BCV-23-

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104011.
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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

September 25, 2024

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