Soto v. Gen. Motors LLC

Summary

The court grants in substantial part Plaintiff Armandina Soto’s motion to remand her Magnuson-Moss Warranty Act and California Song-Beverly Consumer Warranty Act action to state court. It holds that removal was untimely because the federal claim made the case removable upon service of the complaint, denies fees and costs, and directs remand to the Los Angeles County Superior Court.

Holdings

1. For purposes of 28 U.S.C. § 1446(b)(1), a pleading containing a Magnuson-Moss Warranty Act claim sets forth a federal claim removable under 28 U.S.C. §§ 1331 and 1441(a), regardless of whether the amount placed in controversy by the claim is stated or certain on the face of the complaint.
2. Because the initial complaint set forth a removable federal claim, General Motors was required to remove within 30 days after receiving the complaint under 28 U.S.C. § 1446(b)(1). Removal approximately five months after service was untimely and required remand.
3. Fees and costs were properly denied because Soto failed to comply with the court's rules governing fee motions and General Motors had an objectively reasonable basis for removal on an issue about which reasonable minds disagreed.

Questions Presented

1. Whether a complaint asserting a Magnuson-Moss Warranty Act claim presents a removable federal question under 28 U.S.C. §§ 1331 and 1441(a) even when the amount in controversy is not stated or certain on the face of the complaint.
2. Whether General Motors's removal more than 30 days after service of the complaint was untimely under 28 U.S.C. § 1446(b)(1).
3. Whether Soto was entitled to fees and costs incurred as a result of the removal under 28 U.S.C. § 1447(c).

Disposition

remanded