Debra Biane, et al. v. Universal City Studios, LLC, et al.

Summary

The United States District Court for the Central District of California granted Plaintiffs’ motion to remand the action to Los Angeles County Superior Court. The court held that Defendant’s removal was untimely because discovery responses and medical records made the amount in controversy facially apparent more than 30 days before removal, but denied Plaintiffs’ request for attorneys’ fees and costs.

Holdings

1. Universal's removal was untimely because Plaintiffs' October 17, 2024 discovery responses and medical records made it facially apparent that the amount in controversy exceeded $75,000, triggering the thirty-day removal period; Universal's February 13, 2025 removal occurred well after that deadline.
2. Plaintiffs were not entitled to attorneys' fees and costs because they did not show that Universal lacked an objectively reasonable basis for removal.

Questions Presented

1. Whether Universal's notice of removal was timely under 28 U.S.C. § 1446(b).
2. Whether Plaintiffs were entitled to attorneys' fees and costs incurred in obtaining remand under 28 U.S.C. § 1447(c).

Disposition

remanded