Case 2:22-cv-05241-RGK-PD Document13 Filed 09/22/22 Pagelof2 Page ID #:166 JS-6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 2:22-CV-05241-RGK-PD Date September 22, 2022 Title MICHAEL GLIGORIJEVIC vy. FCA US LLC

Present: The R. GARY KLAUSNER, U.S. DISTRICT JUDGE Honorable K. Pastrana Hernandez (Not Not Reported N/A Present) Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) Order Re: Order Remanding Action to State Court On June 20, 2021, Michael Gligorijevic (“Plaintiff”) filed a Complaint against FCA US LLC (“Defendant”) alleging violations of the Song-Beverly Warranty Act. On July 28, 2022, Defendant removed the action to federal court alleging jurisdiction on the grounds of diversity of citizenship. Upon review of Defendant’s Notice of Removal, the Court hereby remands the action for lack of subject matter jurisdiction. Pursuant to

, district courts shall have original jurisdiction over any civil action in which the parties are citizens of different states and the action involved an amount in controversy that exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case to federal court bears the burden of proving the amount in controversy requirement has been met. Lowdermilk v. United States Bank Nat’! Ass’n,

(9th Cir. 2007). If the complaint does not allege that the amount in controversy has been met, the removing defendant must plausibly allege in its notice of removal that the amount in controversy exceeds the jurisdictional threshold. Dart Cherokee Basin Operating Co., LLC v. Owens, 135 8S. Ct. 547, 553-54(2014). Whether or not the plaintiff challenges these allegations, a court may still insist that the jurisdictional requirement has been established by a preponderance of the evidence. Gaus v. Miles, Inc.,

, 566 67 (9th Cir. 1992). In the complaint, Plaintiff seeks damages, including compensatory damages, restitution, statutory remedies, as well as attorneys’ fees and costs under the Song-Beverly Warranty Act. In support of its removal, Defendant calculates that based on the vehicle price of $55,000.00 and mileage offset, the amount in controversy, excluding attorneys’ fees, already exceeds the jurisdictional minimum, based on actual damages of $48,527.07 and $97,054.14 in civil penalties,.

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Case 2:22-cv-05241-RGK-PD Document13 Filed 09/22/22 Page2of2 Page ID #:167

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 2:22-CV-05241-RGK-PD Date September 22, 2022 Title MICHAEL GLIGORIJEVIC vy. FCA US LLC

As Defendant points out, Plaintiff would be entitled to civil penalties and attorneys’ fees if the action succeeds. However, based on the allegations of the complaint, civil penalties of twice the amount of damages are overly speculative. Likewise, attorneys fees are speculative. Accordingly, the Court finds that Defendant has failed to plausibly allege that the amount in controversy meets the jurisdictional requirement. In light of the foregoing, the action is hereby remanded to state court for all further proceedings. IT IS SO ORDERED.

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