Margaret N. Butler v. General Motors LLC, a Delaware Limited Liability Company, and DOES 1-10, inclusive

I. Background

Butler filed this lemon law action arising out of her purchase of a 2018 Buick Encore in state court on February 7, 2025, naming as defendants GM and Tustin Dealership LLC. Dkt. 1-1 (Compl.) ¶¶ 3, 7. Butler filed a First Amended Complaint (FAC) on April 8, 2025, dismissing Tustin Dealership LLC. Dkt. 1 (NOR) at 2.1 On June 20,

1 GM failed to include the operative First Amended Complaint with its Notice of Removal, as required by 28 U.S.C. 1446(a) (“[D]efendants desiring to remove any civil action from a State court” must file “all process, pleadings, 2025, Butler voluntarily dismissed all causes of action under California’s Song-Beverly Consumer Warranty Act, leaving only two claims for breach of warranty based on the Magnuson-Moss Warranty Act (MMWA) and the California Commercial Code. NOR at 2; see Mot. at 2, 10; Opp’n at 4. GM removed this case on November 4, 2025 based on diversity jurisdiction under 28 U.S.C. § 1332 and federal question jurisdiction under 28 U.S.C. § 1331. NOR at 3. On December 3, 2025, Butler moved for remand arguing that (1) GM’s notice of removal was untimely, and (2) GM did not adequately allege the requisite amount in controversy.…