Civil Procedure Cases
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Civil Procedure

U.S. District Court — Central District of California
Uncategorized

Lewis v. General Motors LLC — C.D. Cal. Remands Lemon-Law Suit Where Defendant Cannot Show $50K Amount in Controversy Under Magnuson-Moss Act

Judge Stephen V. Wilson remanded a Chevrolet Colorado lemon-law case, holding GM could not show even the $50,000 Magnuson-Moss amount-in-controversy threshold because actual damages were measured by payments actually made ($37,410.95), the conclusory willfulness allegation did not support adding civ

U.S. District Court — Central District of California
Uncategorized

Sanchez v. General Motors LLC — C.D. Cal. Remands Lemon-Law Suit on Volt Lease Where Mileage Offset Reduces Damages Below MMWA Threshold

Judge Stephen V. Wilson remanded a Chevrolet Volt lemon-law case after applying the Song-Beverly mileage offset (86,841 miles before first repair) to reduce damages from $42,682 to $11,794, leaving the case below both the $50,000 MMWA and $75,000 diversity thresholds.

U.S. District Court — Central District of California
Uncategorized

Bendana v. County of Orange — C.D. Cal. Dismisses Section 1983 Suit Over State Family-Law Proceedings With Prejudice

Judge Sunshine Sykes dismissed with prejudice a pro se mother’s § 1983 suit against an Orange County family-court judge, prosecutors, and the County over child-custody proceedings, citing judicial and prosecutorial immunity, Younger abstention, Rooker-Feldman, Eleventh Amendment, and failure t

U.S. District Court — Central District of California
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CP6 Eastown LLC v. Noguera — C.D. Cal. Sua Sponte Remands Unlawful Detainer Removal as Lacking Federal Question Jurisdiction

Judge Cynthia Valenzuela sua sponte remanded an unlawful detainer case removed by the tenant on federal-question grounds, holding that unlawful detainer actions do not arise under federal law and federal defenses cannot support removal under Caterpillar v. Williams.

U.S. District Court — Central District of California
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Perez v. Texis Restaurants — C.D. Cal. Issues OSC on Declining Supplemental Jurisdiction Over Unruh Act Claim by High-Frequency ADA Litigant

Judge John A. Kronstadt ordered serial ADA plaintiff German Perez — who had filed more than ten construction-related accessibility cases in the prior year — to show cause why the court should not decline supplemental jurisdiction over his state-law Unruh Act claim, channeling it back to California s

U.S. District Court — Central District of California
Uncategorized

Delomprey v. PHH Mortgage Servicing — C.D. Cal. Grants Remand to State Court After Plaintiff Drops Federal Claims

Judge Anne Hwang granted plaintiff’s motion to remand a foreclosure suit to Ventura County Superior Court after he amended his complaint to drop federal claims, rejecting the defendants’ fraudulent-joinder argument as not meeting the Ninth Circuit’s heavy burden under Grancare.

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