Gordana Drobnjakovic v. Costco Wholesale Corporation

DISCUSSION

On April 9, 2024, Plaintiff filed this personal injury action in state court. On April 24, 2024, Plaintiff served Defendant. On December 4, 2024, Defendant removed the action, invoking the Court’s diversity jurisdiction. Plaintiff now moves to remand. Plaintiff does not deny that there is diversity jurisdiction. Nor does Plaintiff expressly argue that the removal was procedurally flawed. To the extent Plaintiff implicitly challenges the timeliness of removal, that argument fails: the initial Complaint did not indicate that the case was removable

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk DT

because it included non-diverse defendant Cesar Aguilar; the case first became removable on December 4, 2024 when Plaintiff dismissed Aguilar; and Defendant timely removed within 30 days thereafter. Carvalho v. Equifax Information Services, LLC, 629 F.3d 876, 885 (9th Cir. 2010) (“if the initial pleading does not indicate that the case is removable,” defendant must remove within 30 days of receiving “ ‘a copy of an amended pleading, motion, order or other paper’ from which removability may first be ascertained. 28 U.S.C. §…