Jiandong Wang v. CIAM S.p.A.
Opinion
Trial Court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
On June 23, 2023, Plaintiffs filed a Complaint against Defendants CIAM S.p.A., AE Holdings USA LLC, and Advanced Gourmet Equipment & Design LLC in Los Angeles County Superior Court. On June 19, 2024, prior to the service of the Summons and Complaint on Defendants AE Holdings USA LLC and Advanced Gourmet Equipment & Design LLC, Defendant CIAM S.p.A. removed the action to this Court on the grounds of diversity jurisdiction. Defendants AE Holdings USA, LLC and Advanced Gourmet Equipment & Design LLC neither consented nor joined in the Notice of Removal. On July 17, 2024, Defendants AE Holdings USA, LLC and Advanced Gourmet Equipment & Design LLC filed a Waiver of the Service of Summons with the Court. Plaintiffs now, joined by Defendants AE Holding USA, LLC and Advanced Gourmet Equipment & Design, LLC, move to remand this action on the grounds that Defendants Defendants AE Holding USA, LLC and Advanced Gourmet Equipment & Design, LLC did not consent to removal.
II. LEGAL STANDARD
A motion to remand is the proper procedure for challenging removal. See N. Cal. Dist. Council of Laborers v. Pittsburg-Des Moines Steel Co., 69 F.3d 1034,…