Hernandez v. FCA US, LLC

• Court: District Court, C.D. California
• Decided: February 19, 2026
• Docket: 2:26-cv-01589
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES — GENERAL

Case No. 2:26-cv-01589-MCS-BFM Date February 19, 2026 Title Hernandez v. FCA US, LLC

Present: The Honorable Mark C. Scarsi, United States District Judge

Stephen Montes Kerr —_———NotReported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION

The complaint in this case alleges a violation of the Song-Beverly Consumer Warranty Act. (Compl., ECF No. 1-1.) Defendant removed the action from state court, invoking diversity jurisdiction. (Notice of Removal, ECF No. 1.) The Court questions its jurisdiction over the action. See Gonzalez v. Thaler, 565 U.S. 134, 141 (2012) (obliging courts to examine subject-matter jurisdiction issues sua sponte). Federal courts are of limited jurisdiction, having subject-matter jurisdiction only over matters authorized by the Constitution and Congress. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A defendant may remove a civil action in state court to federal court if the federal court has original jurisdiction over the action. 28 U.S.C. § 144l(a). There is a “strong presumption” against removal jurisdiction, and the removing party bears the burden of proving that removal is proper. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). To invoke diversity jurisdiction, a party must demonstrate that there is complete diversity of citizenship between the parties and that the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 28 Page 1 of 2 CIVIL MINUTES — GENERAL Initials of Deputy Clerk SMO

U.S.C. § 1332(a). “[W]here it is unclear or ambiguous from the face of a state-court complaint whether the requisite amount in controversy is pled,” the removing defendant must establish by a preponderance of the evidence that the amount in controversy “more likely than not” exceeds $75,000. Guglielmino v. McKee Foods Corp., 506 F.3d 696, 699 (9th Cir. 2007); Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996).

The amount in controversy is not clear from the face of the complaint. The complaint alleges that “Plaintiff suffered damages in a sum to be proven at trial in an amount that is not less than $35,001.00,” but the prayer for relief does not indicate whether the total amount in controversy exceeds $75,000. (Compl. ¶ 35; see id., Prayer for Relief.) Cf. Schneider v. Ford Motor Co., 441 F. Supp. 3d 909, 913 (N.D. Cal. 2020) (“[T]he Complaint alleges that Plaintiff suffered damages in a sum to be proven at trial in an amount that is not less than $25,001.00. Hence, while Plaintiff seeks restitution for the value of the car, civil penalties, and attorneys’ fees and costs, it is unclear whether all these damages are subsumed within the request for $25,001.” (internal quotation marks and citation omitted)). The Court questions Defendant’s representations concerning the amount in controversy presented in the notice of removal. (Notice of Removal ¶¶ 26–35.)

The Court orders Defendant to show cause why the case should not be remanded for lack of jurisdiction. Defendant shall file a written response within 14 days either acknowledging the Court lacks diversity jurisdiction or establishing by a preponderance of evidence that the amount in controversy “more likely than not” exceeds $75,000. Guglielmino, 506 F.3d at 699; see also Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 89 (2014) (requiring “[e]vidence establishing the amount . . . when . . . the court questions[] the defendant’s allegation” of the amount in controversy). Plaintiff may respond to Defendant’s response within seven days of its filing.

IT IS SO ORDERED.