Angela Marin v. General Motors LLC et al.

Summary

The United States District Court for the Central District of California remanded Angela Marin’s Song-Beverly Warranty Act action to state court because General Motors failed to establish that the amount in controversy exceeded $75,000 for diversity jurisdiction. The court found the asserted civil penalties speculative and calculated the supported amount in controversy, including estimated attorneys’ fees, as $38,431.86; Plaintiff’s motion to remand was denied as moot.

Holdings

1. General Motors failed to establish by sufficient evidence that the amount in controversy exceeded $75,000. The supported amount, including estimated actual damages and attorney fees, was only $38,431.86, so federal diversity jurisdiction was not established and remand was required.
2. General Motors could not rely on the potential civil penalties under California Civil Code section 1794(c) to establish the amount in controversy because the claimed penalties were highly speculative and unsupported by the facts and evidence.

Questions Presented

1. Whether General Motors established that the amount in controversy exceeded $75,000 so that diversity jurisdiction supported removal under 28 U.S.C. §§ 1332 and 1441.
2. Whether potential civil penalties under California Civil Code section 1794(c) could be included in the amount in controversy without factual support demonstrating that such penalties were recoverable.

Disposition

remanded