Sergio Zamora v. Ford Motor Company

DISCUSSION

Section 1446(b)(1) of Title 28 of the United States Code’ requires a defendant to remove a case “within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based[.]” This 30-day removal period “is triggered if the case stated by the initial pleading is removable on its face.” Kuxhausen v. BMW Financial Services NALLC, 707 F.3d 1136, 1139 (9th Cir. 2013) (internal quotation marks omitted). In other words, “the ground for removal must be revealed affirmatively in the initial pleading in order for the first thirty-day clock under § 1446(b) to begin.” Id. (internal quotation marks omitted). However, “if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.” 28 U.S.C. § 1446(b)(3). While the 30-day time limit is procedural rather than …