Donn Edwin Cottom v. FCA US LLC e tal

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA | DONN EDWIN COTTOM, CV 21-01983-RSWL-ADS x ORDER TO SHOW CAUSE RE: IS Plaintiff, SUBJECT MATTER 14 v. JURISDICTION FCA US LLC, a Delaware 16 Corporation; YPD ALHAMBRA CDJR, LLC d/b/a Alhambra 17 Chrysler Dodge Jeep Ram; 18 and DOES 2 through 25, inclusive, Defendants.

21 Plaintiff Donn Edwin Cottom brings this Action 22) against Defendants FCA US, LLC (“FCA”) and YPD Alhambra | CDJR, LLC d/b/a Alhambra CDJR (“Alhambra CDJR”) 24 (collectively, “Defendants”) for alleged violations of | the Song-Beverly Consumer Warranty Act. On March 3, | 2021, FCA, with the consent of Alhambra CDJR, removed | the Action from the California Superior Court for the 28) County of Los Angeles to this Court.

1 In its Notice of Removal, FCA avers that the amount in controversy exceeds $75,000 based on the purchase price of the subject vehicle and civil penalties sought by Plaintiff. See Notice of Removal 7:12-15, ECF No. 1.

5 With respect to civil penalties, however, FCA states only that “Plaintiff is seeking a civil penalty in the amount of two times Plaintiff’s actual damages.” Id. at 6:18-19. Because FCA offers no support for including the civil penalty in the calculation of the amount in controversy, FCA has not carried its burden to establish removal jurisdiction. See D’Amico v. Ford Motor Co., No. CV 20-2985-CJC (JCx), 2020 WL 2614610, at *3 (C.D.

13 Cal. May 21, 2020) (stating that “courts do not simply assume that a civil penalty will be awarded, and the removal statute is strictly construed against removal jurisdiction”); see also Castillo v. FCA USA, LLC, No. 19-CV-151-CAB-MDD, 2019 WL 6607006, at *2 (S.D. Cal. Dec. 5, 2019) (“The civil penalty under California Civil Code § 1794(c) cannot simply be assumed.”).

20 Based on the foregoing, the Court ORDERS Defendants to show, in writing, on or before June 25, 2021, why the amount in controversy exceeds $75,000. The Action will otherwise be remanded.

24 IT IS SO ORDERED.

26 DATED: June 14, 2021 ______/s_/ R_o_n_al_d _S_.W_._ L_ew_____________ HONORABLE RONALD S.W. LEW Senior U.S. District Judge