CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL

6/4/2020 Case No. 2:20-cv-03119-SVW-GJS Date

Danielle Kent, et al v. FCA US LLC, et al Title

Present: The Honorable 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 GRANTING PLAINTIFF’S MOTION FOR REMAND [14]

Having reviewed the briefs and operative Complaint in this case, the Court concludes that the issues regarding fraudulent joinder and Plaintiff’s alleged negligent repair claim against the dealership defendant in this action are functionally identical to those in a case before this Court approximately one month ago. See Robles v. FCA US LLC,

(C.D. Cal. May 8, 2020). Because resolution of the fraudulent joinder issue in this case is dispositive, and Defendant has not identified binding precedent that would alter this Court’s prior conclusion regarding the essentially identical pleadings in this case, the Court GRANTS Plaintiff’s motion for remand and refers the parties to the Court’s reasoning in the prior Order. Id. at *2 (concluding that any deficiencies in Plaintiff’s negligent repair pleadings could straightforwardly be amended, preventing a finding of fraudulent joinder that would create complete diversity).

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