Vaitupu V. Ramirez v. General Motors LLC

Summary

The court granted Plaintiff Vaitupu Ramirez’s motion to remand a California Song–Beverly and Magnuson–Moss consumer warranty action to Los Angeles County Superior Court. It held that General Motors LLC failed to establish that its removal based on diversity jurisdiction was timely, and declined to award attorney’s fees and costs.

Holdings

1. General Motors failed to meet its burden of showing that removal occurred within thirty days after receipt of a pleading, motion, order, or other paper from which removability could first be ascertained; the removal was therefore untimely.
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 timely removed the action under 28 U.S.C. § 1446(b).
2. Whether the complaint or another paper made federal jurisdiction unequivocally clear and certain more than thirty days before removal.
3. Whether Plaintiff should receive attorney's fees and costs under 28 U.S.C. § 1447(c).

Disposition

remanded