Jose Ismael Arreola Jr. v. General Motors LLC

Summary

The United States District Court for the Central District of California granted Jose Arreola’s motion to remand his Song-Beverly Consumer Warranty Act and Magnuson-Moss Act action against General Motors LLC. The court held that General Motors failed to establish that its removal was timely and remanded the case to Los Angeles County Superior Court, while declining to award attorney’s fees and costs.

Holdings

1. General Motors failed to meet its burden to demonstrate that removal was proper, including that the removal was timely; the case therefore had to be remanded to state court.
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 met its burden to show that removal was timely and proper.
2. Whether the court should award Plaintiff attorney's fees and costs under 28 U.S.C. § 1447(c).

Disposition

remanded