Joel Villanueva, Jr. v. General Motors LLC, et al.

BACKGROUND

On April 7, 2025, Villanueva filed this lawsuit in Los Angeles County Superior Court, alleging claims under California’s Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1790 et seq. and the federal Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. §§ 2301-2312. See Dkt. 1-1 (“Complaint”). Villanueva seeks actual damages; restitution; a civil penalty in the amount of twice actual damages; consequential and incidental damages; remedies authorized by the California Commercial Code; attorneys’ fees and costs; prejudgment interest; and other appropriate relief. See id. at 6. GM was served with the summons and Complaint on April 11, 2025.1 See Dkt. 12-1, Declaration of Michelle Yang, Esq. In Support of Plaintiff’s Motion to Remand ¶ 5. GM filed an Answer in Superior Court on July 1, 2025 (Dkt. 1-2) but waited until September 10, 2025 to remove the case to federal district court, invoking diversity jurisdiction. See Dkt. 1 (“NOR”). In the Motion, Villanueva primarily contends that GM’s removal is “clearly untimely” and thus “procedurally defective” because (1) “Plaintiff’s Complaint includes a cause of action brought under federal law” (that is, the MMWA claim), and (2)…