Rebecca M. Cesena v. General Motors LLC, a Delaware limited liability company, and DOES 1-10, inclusive

I. Background

Cesena filed this lemon law action, arising out of her purchase of a 2023 GMC Sierra 1500, in state court on March 28, 2025. Dkt. 1-1 (Compl.) ¶ 6. Cesena asserts five causes of action under the state Song- Beverly Consumer Warranty Act and the federal Magnuson-Moss

1 The complaint also includes unnamed defendants DOES 1-10. Compl. ¶ 5. GM, the only identified defendant, removed the case. Notice of Removal at 1. Warranty Act. Compl. ¶¶ 34-44. GM removed this case on August 5, 2025 based on diversity jurisdiction under 28 U.S.C. § 1332. Dkt. 1 (Notice of Removal) at 1. On August 29, 2025, Cesena moved for remand alleging that GM’s notice of removal was untimely. Mot. at 4.

II. Legal Standard

“Federal courts are courts of limited jurisdiction” and “possess only that power authorized by Constitution and statute . . . .” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A defendant may remove an action to federal court if the federal court could exercise subject matter jurisdiction over the action. 28 U.S.C. § 1441(a). “The removal statute is strictly construed against removal jurisdiction” and “[t]he defendant bears the burden of…