Angelina & Katherine Garden, LLC, et al. v. United States Liability Insurance Company, et al.
Opinion
trial_court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
On July 1, 2025, Plaintiffs filed a Complaint against Defendant in Los Angeles County Superior Court, alleging the following claims for relief: (1) breach of written contract; and (2) breach of the covenant of good faith and fair dealing. On July 2, 2025, Plaintiffs’ counsel both emailed and mailed a copy of the Summons and Complaint, along with a Notice of Acknowledgment of Receipt (“NAR”) to Ms. Jennifer Sacro, Defendant’s registered agent for service of process. Ms Sacro received the mailed copy on July 7, 2025. The NAR provided that Ms. Sacro was required to complete the form and return it within 20 days from the date of mailing (i.e., July 22, 2025) or face liability for the costs of perfecting service by another method. On July 22, 2025, Ms. Sacro executed and returned the NAR to Plaintiffs’ counsel. On August 13, 2025, 22 days after the return of the signed NAR, Defendant removed the action to this Court on the grounds of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiffs now move to remand this action on the grounds that the removal of this action was untimely.