Kunstel v. General Motors LLC

Summary

The United States District Court for the Central District of California granted Plaintiffs Timothy Jon Kunstel and Patricia Lynn Kunstel’s motion to remand after finding that Defendant General Motors LLC failed to timely oppose the motion and therefore conceded that removal was untimely. The Court remanded the case to the Los Angeles County Superior Court, declined to award attorney fees, directed immediate remand, and closed the federal case.

Holdings

1. Remand was warranted because the basis for federal jurisdiction was ascertainable from the face of the complaint and removal occurred more than 30 days after service of the complaint; Defendant's failure to timely oppose the motion was deemed consent to granting it.
2. The court declined to award attorney fees and costs under 28 U.S.C. § 1447(c) because the award is discretionary and Plaintiffs failed to comply with the court's rules governing motions for fees.

Questions Presented

1. Whether the action should be remanded because General Motors removed it more than 30 days after service of the complaint.
2. Whether Plaintiffs should receive attorney fees and costs incurred as a result of the removal under 28 U.S.C. § 1447(c).

Disposition

remanded