Celeste Renee Perea v. General Motors LLC et al.

Summary

The United States District Court for the Central District of California denied Plaintiff Celeste Renee Perea’s motion to remand her Song-Beverly Consumer Warranty Act and Magnuson-Moss Warranty Act action against General Motors LLC. The court held that removability was not ascertainable from the initial complaint because the applicable amount-in-controversy requirements were not apparent, and concluded that General Motors timely removed the action based on subsequently determined damages and diversity jurisdiction. The court also denied Plaintiff’s request for attorney’s fees.

Holdings

1. The mere pleading of a Magnuson-Moss Warranty Act claim does not establish federal jurisdiction because the Act bars a claim under 15 U.S.C. § 2310(d)(1)(B) when the amount in controversy is less than $50,000, exclusive of interest and costs.
2. The complaint and civil case cover sheet did not make an amount in controversy exceeding $75,000 ascertainable for the Song-Beverly claims or exceeding $50,000 for the Magnuson-Moss claim.
3. The removal was timely because no pleading, motion, order, or other paper had made a ground for removal unequivocally clear and certain before General Motors removed the action.
4. Remand and Plaintiff's request for attorney's fees were denied because General Motors timely removed and plausibly alleged diversity jurisdiction.

Questions Presented

1. Whether General Motors's removal was untimely because the initial complaint allegedly made federal-question or diversity jurisdiction apparent.
2. Whether the Magnuson-Moss Warranty Act claim alone established federal jurisdiction without an ascertainable amount in controversy of at least $50,000.
3. Whether the complaint and civil case cover sheet made an amount in controversy exceeding $75,000 ascertainable for diversity jurisdiction.
4. Whether Plaintiff was entitled to remand or attorney's fees.

Disposition

other