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May 9, 2001


The opinion of the court was delivered by: Joyner, District Judge.


By way of the motion which is now pending before this Court, Plaintiff, Shamell Samuel-Bassett, moves to remand this as yet uncertified class action to the Court of Common Pleas of Philadelphia County. For the reasons which follow, the motion shall be denied.

Factual Background

Plaintiff filed this action in January, 2001 "on her own behalf and on behalf of all other persons similarly situated" for damages arising out of an allegedly defective brake system in the model year 2000 Kia Sephia automobile which she purchased from Downingtown Motor Corp. According to the plaintiff's complaint, the braking defect is a systemic design, materials and workmanship defect which causes the vehicle to shudder, vibrate, make grinding and groaning noises upon application of the brakes and often renders the vehicle unable to stop. Despite the defendant's purported knowledge about the brake system defect, Defendant failed to warn or notify consumers of the defect and failed to repair or offer to repair consumers' vehicles. Since Plaintiff purchased her Sephia automobile, it has consistently exhibited and suffered from the brake system defect and Plaintiff has therefore been substantially impaired in the use of her car.

Although Ms. Samuel-Bassett took her Sephia to Kia authorized dealerships for repair of the brake system defect on at least five separate occasions within the vehicle's first 17,000 miles, the repair attempts and replacements of the brakes and rotors all proved unsuccessful. Plaintiff therefore contends that she and the other members of the class (which Plaintiff proposes should include all Pennsylvania residents who purchased and/or leased Kia Sephias for personal, family or household purposes within the six-year period preceding the filing of the complaint) are entitled to:

a) a declaration that Defendant's conduct constitutes a violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et. seq. and the Magnuson-Moss Warranty Improvement Act, 15 U.S.C. § 2301, et. seq., and a breach of implied and express warranties;
b) to be notified and warned about the brake system defect and to final injunctive relief compelling Defendant to issue a notification and warning to all class members concerning such defect;
c) actual damages representing (i) the failure of consideration in connection with and/or the difference in value arising out of the variance between the defendant's automobiles as warranted and the automobiles containing the brake system defect; (ii) the depression of resale value of the automobiles; (iii) sufficient funds to permit the owner of each vehicle containing the brake system defect to obtain effective repairs; (iv) a refund of all monies paid out-of-pocket for repair attempts; (v) compensation for all out-of-pocket expenses suffered as the result of being unable to use the vehicle, including the cost of any and all alternate forms of transportation; and (vi) rescission of the sale and/or lease of the vehicle, where appropriate.

Plaintiff's complaint*fn1 alleges that she is a citizen of Pennsylvania and resident of Philadelphia and that Kia Motors America, Inc. is a California corporation. (Complaint, ¶ s 3,4). The complaint, however, further avers that neither the claim of the plaintiff herself nor that of any proposed individual class member "meets the jurisdictional requirements of 28 U.S.C. § 1332 pertaining to federal jurisdiction based upon diversity of citizenship, and no basis exists for any other type of federal court jurisdiction." (Complaint, ¶ 5). In the Notice of Removal which it filed on February 12, 2001, Kia Motors averred that in light of the legal and equitable relief sought and the claims for punitive damages and attorneys' fees, the amount in controversy presented by the plaintiff's complaint was above the minimum amount of $75,000.00. In filing her motion to remand, Plaintiff challenges this assertion.


The principles governing the removal of actions from state courts are outlined in 28 U.S.C. § 1441, which provides, in relevant part:

(a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending . ..
Under this statute, the propriety of removal therefore depends upon whether the case originally could have been filed in federal court. City of Chicago v. International College of Surgeons, 522 U.S. 156, 163, 118 S.Ct. 523, 529, 139 L.Ed.2d 525 (1997). For a court to exercise jurisdiction under 28 U.S.C. § 1332, there must be both diversity of citizenship and an amount in controversy in excess of $75,000. Orndorff v. Allstate Insurance Company, 896 F. Supp. 173, 174 (M.D.Pa. 1995); 28 U.S.C. § 1332(a). The amount in controversy is measured by a reasonable reading of the value of the rights being litigated. Angus v. Shiley, 989 F.2d 142, 146 (3rd Cir. 1993).

It has consistently been held that § 1441 is to be strictly construed against removal so that the congressional intent to restrict federal diversity jurisdiction is honored. Meritcare, Inc. v. St. Paul Mercury Insurance Co., 166 F.3d 214, 217 (3rd Cir. 1999); Robinson v. Computer Learning Centers, Inc., 1999 WL 817745, 1999 U.S. Dist. LEXIS 15753 (E.D.Pa. 1999). All doubts as to the existence of federal jurisdiction must be resolved in favor of remand. Packard v. ...

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