Porter

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARQUIS PORTER, Case No. 25-cv-07971-RFL

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

GENERAL MOTORS, LLC, Re: Dkt. No. 15 Defendant.

Marquis Porter initiated this lemon-law suit against General Motors (GM) in California state court. He asserts claims arising out of his purchase of a 2019 GMC Sierra 1500 under the Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1790 et seq. Approximately three months after being served, GM removed the case to this Court. Porter now moves to remand, arguing that removal was untimely and GM has not sufficiently established federal jurisdiction. Porter’s motion is DENIED for the reasons set forth below. Timeliness. A defendant has three time periods to remove a case from state court. Roth v. CHA Hollywood Med. Ctr., L.P., 720 F.3d 1121, 1125 (9th Cir. 2013). The first runs for 30 days from receipt of an initial pleading making removability clear. Dietrich v. Boeing Co., 14 F.4th 1089, 1090 (9th Cir. 2021) (citing 28 U.S.C. § 1446(b)(1)). If removability was not clear from the initial pleading, the second runs for 30…