Sabino I Castanos Miranda v. General Motors LLC.

I. FACTUAL AND LEGAL BACKGROUND

This matter arises out of an alleged breach of implied and express warranty under the California Song-Beverly Consumer Warranty Act (“SBA”) and the Federal Magnuson-Moss Warranty Act (“Magnuson-Moss”). Plaintiff filed suit against Defendant in the Los Angeles County Superior Court on April 8, 2025. [Dkt. No. 1-1, “Complaint”; see also Dkt. No. 13 at 3–10]. On April 11, 2025, Plaintiff personally served a copy of the Complaint and Summons on Defendant. [Motion at 26–27]. On July 3, 2025, Defendant filed its Answer in the Los Angeles County Superior Court, in lieu of removing the matter to federal jurisdiction. See 28 U.S.C. § 1446(b)(1) (removing party must remove action within the 30 days after service of summons or complaint). [Motion at 7]. On September 30, 2025, Defendant filed its Notice of Removal in this Court, relying on 28 U.S.C. §§ 1332 and 1446. [See Dkt. No. 1, “Notice of Removal”]. Plaintiff then filed this Motion to Remand. [See generally Motion].

II. LEGAL STANDARD

A motion to remand challenges the propriety of the defendant’s removal. Moore-Thomas v. Alaska Airlines, Inc., 553 F.3d 1241, 1244 (9th Cir. 2009) (citing 28…