Angelina Cantero v. General Motors LLC

Summary

The United States District Court for the Central District of California grants Angelina Cantero’s motion to remand her Song–Beverly Consumer Warranty Act and Magnuson–Moss Act claims to state court. The court concludes that General Motors LLC failed to show that its July 25, 2025 removal was timely under 28 U.S.C. § 1446 because the complaint, retail installment sales contract, and related production provided the relevant jurisdictional information more than 30 days before removal. The court declines to award attorney’s fees and costs.

Holdings

1. Removal was untimely because General Motors did not establish that it obtained information within the 30-day period before removal that first made the case removable; the complaint, retail installment sales contract, and related production were available more than 30 days before removal.
2. The court declined to award attorney's fees and costs under 28 U.S.C. § 1447(c).

Questions Presented

1. Whether General Motors's notice of removal was timely under 28 U.S.C. § 1446(b) when the complaint and materials produced more than 30 days before removal allegedly disclosed the basis for federal-question jurisdiction.
2. Whether the court should award attorney's fees and costs under 28 U.S.C. § 1447(c) after granting remand.

Disposition

remanded