Stephanie Emily Villalvazo v. J.B. Hunt Transport, Inc., et al.

Summary

The United States District Court for the Central District of California granted Plaintiff Stephanie Emily Villalvazo’s motion to remand. The court held that removal based on diversity jurisdiction was untimely under 28 U.S.C. § 1446(c)(1), because it occurred more than one year after the state-court action commenced and Defendant did not establish that Plaintiff acted in bad faith to prevent removal. The action was remanded to the San Bernardino County Superior Court.

Holdings

1. Plaintiff did not waive her objection because she filed the motion to remand within 30 days after the notice of removal; the filing-category error and delayed supporting memorandum did not defeat timeliness or prejudice Defendant.
2. Removal was untimely because the action was removed more than one year after commencement and the statutory bad-faith exception did not apply.
3. Delayed service did not establish that Plaintiff acted in bad faith to prevent removal.

Questions Presented

1. Whether Plaintiff waived her procedural objection to removal by failing to file the motion to remand within 30 days of removal.
2. Whether the one-year limitation on diversity removal under 28 U.S.C. § 1446(c)(1) barred removal more than one year after commencement of the action.
3. Whether Plaintiff acted in bad faith to prevent removal, thereby invoking the statutory exception to the one-year removal limitation.

Disposition

remanded