Karla R. Barahona Serrano v. Nissan North America, Inc.

Good Law
United States District Court, Central District of CaliforniaOctober 15, 20242:24-cv-06855California788 words

Opinion

Trial Court Opinion

I. Background

Plaintiff filed its Complaint in state court on October 2, 2023. Notice of Removal (“NOR”), Ex. 1 [Dkt. No. 1-1]. Defendants filed their Answer on January 18, 2024. Declaration of Roy Enav in Support of Plaintiff’s Motion (“Enav Decl.”) ¶ 7, Ex. 3 [Dkt. No. 1-1-3]. On March 18, 2024, Plaintiff served Defendants with a copy of the CMC Statement. Enav Decl. ¶ 9, Ex. 5 [Dkt. No. 1- 1-5].

Defendants filed the NOR on August 13, 2024. [Dkt. No. 1]. Plaintiff filed the instant Motion on August 30, 2024. [Dkt. No. 12]. The Court heard oral argument on October 3, 2024, and took the matter under submission. [Dkt. No. 17].

II. Legal Standard

Generally, a civil action filed in state court may properly be removed if there is federal subject-matter jurisdiction at the time of removal. See 28 U.S.C. § 1441. A notice of removal must be filed within 30 days of the initial pleading or summons if, using a “reasonable amount of intelligence,” the grounds for removability can be ascertained by such pleading or summons. Kuxhausen v. BMW Financial Services NA LLC, 707 F.3d 1136, 1140 (9th Cir. 2013); 28 U.S.C. § 1446(b).

Should the initial pleading not reveal grounds…

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