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