Brian P. Dorgan v. General Motors, LLC et al.

Summary

The Central District of California grants Brian P. Dorgan’s motion to remand his Song-Beverly Act and Magnuson-Moss Warranty Act claims against General Motors, LLC. The court concludes that GM failed to establish the requisite amount in controversy, primarily because the calculated restitutionary damages were $15,867.21 and the record did not support including civil penalties or sufficient attorney’s fees. The case is remanded to the California Superior Court for Los Angeles County.

Holdings

1. The amount in controversy was below $50,000, so the court lacked federal-question jurisdiction over the Magnuson-Moss Warranty Act claim.
2. The amount in controversy did not exceed $75,000, so diversity jurisdiction was not established.
3. A bare request for Song-Beverly civil penalties supported only by conclusory allegations of willfulness, without facts or evidence supporting the likely penalty, is insufficient to include those penalties in the amount in controversy.

Questions Presented

1. Whether the amount in controversy satisfied the Magnuson-Moss Warranty Act's $50,000 jurisdictional threshold.
2. Whether the amount in controversy satisfied the $75,000 threshold for diversity jurisdiction.
3. Whether Song-Beverly Act civil penalties could be included in the amount-in-controversy calculation based only on conclusory allegations of willfulness.
4. Whether potential attorney fees established the amount in controversy necessary for federal jurisdiction.

Disposition

remanded