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Henry was driving outside his home town of Oakland, California, when he was hit by a car driven by Tom who drove all the way

Henry was driving outside his home town of Oakland, California, when he was hit by a car driven by Tom who drove all the way from Portland, Oregon, his home, to see his father in San Francisco. Henry's Tesla was totally destroyed, and he is suing Tom. Tom would like to have the trial take place in federal court. How would Tom succeed ? 

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