Jeanette Viera v. General Motors LLC

Summary

The United States District Court for the Central District of California granted Jeanette Viera’s motion to remand her California Song-Beverly Act and Magnuson-Moss Act action against General Motors LLC. The court held that General Motors failed to demonstrate that its removal, filed nearly three months after answering, was timely, but declined to award attorney’s fees and costs under 28 U.S.C. § 1447(c).

Holdings

1. General Motors failed to meet its burden to show that removal was proper because its conclusory notice did not establish a timely basis for removal.
2. The court declined to exercise its discretion under 28 U.S.C. § 1447(c) to award attorney's fees and costs.

Questions Presented

1. Whether General Motors established that its removal of the action nearly three months after answering was timely and proper.
2. Whether the court should exercise its discretion under 28 U.S.C. § 1447(c) to award attorney's fees and costs incurred as a result of the removal.

Disposition

remanded