Christopher Thibodeaux v. General Motors LLC, et al.

Summary

The Central District of California denied Plaintiff Christopher Thibodeaux’s motion to remand his Song-Beverly Consumer Warranty Act and Magnuson-Moss Warranty Act action against General Motors LLC and others. The court held that the complaint was indeterminate as to the amount in controversy because it did not state the vehicle’s purchase price or specific damages, so the initial 30-day removal period was not triggered. Defendant’s removal, filed after receiving notice of the actual damages, was therefore timely.

Holdings

1. A complaint is indeterminate as to removability when it seeks Song-Beverly Act restitution, civil penalties, and attorney's fees but does not state the vehicle's actual price paid or payable or a specific damages amount; such a complaint does not affirmatively reveal that the amount in controversy satisfies federal jurisdictional requirements.
2. General Motors's removal approximately five months after the complaint was filed was timely because the complaint was indeterminate and did not trigger the first 30-day removal deadline.
3. The complaint and notice of removal established, more likely than not, that complete diversity existed and that the amount in controversy exceeded $75,000.

Questions Presented

1. Whether the complaint affirmatively revealed that the amount in controversy satisfied the requirements for federal diversity jurisdiction and therefore triggered the initial 30-day removal period under 28 U.S.C. § 1446(b)(1).
2. Whether General Motors's August 1, 2025 removal was timely where the complaint did not state the vehicle's purchase price or a specific amount of damages.
3. Whether the notice of removal and complaint established, more likely than not, complete diversity and an amount in controversy exceeding $75,000.

Disposition

other