Miguel G. Gonzalez Guardado v. General Motors, LLC

Summary

The United States District Court for the Central District of California granted Plaintiffs’ motion to remand their action against General Motors LLC to Los Angeles County Superior Court. The court deemed Defendant’s failure to timely oppose the motion as consent, concluded that removal was untimely under 28 U.S.C. § 1446, declined to award attorney fees, and ordered the federal case closed.

Holdings

1. The court treated Defendant's failure to file a timely response as consent to granting the motion and deemed conceded that removal was untimely because a basis for federal jurisdiction was ascertainable from the face of the complaint and removal occurred more than 30 days after service.
2. The court declined to award attorney fees and costs because the award is discretionary and Plaintiffs failed to comply with the court's rules governing motions for fees.

Questions Presented

1. Whether the case should be remanded because Defendant failed to timely oppose the motion and removal was untimely under 28 U.S.C. § 1446(b).
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