Mario Barajas Gutierrez v. General Motors LLC et al.

I. Background

Plaintiff Mario Barajas Gutierrez (“Plaintiff”) asserted four causes of action against Defendant General Motors LLC (“Defendant”) and Does 1-10 under California’s Song-Beverly Act for breach of express and implied warranty regarding Plaintiff’s lease of a 2023 GMC vehicle (the “Vehicle”). See generally Complaint (“Compl.”) (Dkt. 1-1).

Plaintiff originally filed suit in the Superior Court of California, County of Riverside, on July 31, 2025. Notice of Removal (“Notice” or “Not.”) (Dkt. 1), at 1-2. On September 25, 2025, Defendant filed its Answer. Id., Ex. B (“Answer”) (Dkt 1-2). On November 15, 2025, Defendant removed the action to this Court asserting diversity jurisdiction. Id. at 3.

II. Legal Standard

“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in

CIVIL MINUTES – GENERAL

Case No. 5:25-cv-03234-DOC-DTB Date: December 3, 2025 Page

relevant part that “any civil action brought in a State court of which the district courts of the…