Arturo Damian Diaz v. General Motors LLC

Summary

The United States District Court for the Central District of California denied Arturo Damian Diaz’s motion to remand his Song-Beverly Consumer Warranty Act action against General Motors LLC. The court held that removal was timely because the complaint did not make removability unequivocally clear within the initial 30-day period. The court also concluded that General Motors established by a preponderance of the evidence that the amount in controversy exceeded $75,000 based on actual damages and a potential civil penalty.

Holdings

1. Defendant's notice of removal was timely because the complaint was ambiguous as to the amount in controversy and therefore did not trigger the initial 30-day removal period under 28 U.S.C. § 1446(b)(1). Defendant could remove outside the two specified 30-day periods based on its own information, provided it had not violated either deadline.
2. Defendant established by a preponderance of the evidence that more than $75,000 was in controversy. The court accepted evidence supporting approximately $50,883.38 in actual damages and a potential civil penalty of $101,766.76, for a combined amount of $152,650.14, without needing to consider attorney's fees.

Questions Presented

1. Whether Defendant's notice of removal was timely when the complaint did not specify the amount of damages sought and did not make removability unequivocally clear and certain.
2. Whether Defendant established by a preponderance of the evidence that the amount in controversy exceeded $75,000 for diversity jurisdiction.

Disposition

other