Ussery v. Ford Motor Company

Background

Branden A. Ussery and other plaintiffs sued Ford Motor Company and The Ford Store San Leandro in the Superior Court of California, County of Alameda, on September 29, 2023. The plaintiffs served Ford and The Ford Store San Leandro on October 6, 2023. Ford removed the case to federal court on November 22, 2023, after receiving the Retail Installment Sales Contract from the selling dealership and determining the vehicle’s purchase price and the amount in controversy.

Ussery moved to remand, meaning to return the case to state court. He argued that Ford’s removal was untimely, that The Ford Store San Leandro did not consent to removal, and that Ford had not established more than $50,000 in controversy for the claim under the Magnuson-Moss Warranty Act.

Analysis

The court held that, when a civil action is removed under the general removal statute, all defendants who have been properly joined and served must join in or consent to removal. The Ford Store San Leandro had been properly served before Ford removed the case, but it did not join or consent to the removal. Ford also did not state in its notice of removal that The Ford Store San Leandro had consented.

Ford argued that consent was unnecessary because the Magnuson-Moss claim was asserted only against Ford. The court rejected that argument. Because The Ford Store San Leandro did not consent to removal, the court found that removal was improper and did not consider the arguments about timeliness or the amount in controversy.

Disposition

Judge Araceli Martinez-Olguin granted Plaintiff’s motion to remand the case to California Superior Court. The court ordered the clerk to transmit the file to the County of Alameda and close the federal case. The hearing scheduled for May 9, 2024, was vacated.