Bush

The question before us is when is a class-action suit “commenced” for purposes of the effective date of the Class Action Fairness Act (“CAFA,” or “the Act”), Pub.L. No. 109-2, 119 Stat. 4 (2005). The plaintiffs-appellees, Ronald Bush and others (“Bush”), filed suit in state court against various internet-based travel companies (“Cheaptickets”). Cheaptickets removed the case to federal court, but the district court ordered the case remanded to state court. Bush claims that removal was not authorized because the suit was filed on the day before CAFA became effective. Cheaptickets argues that the suit was commenced when it was removed to federal court; alternatively, it argues that the action was not commenced in state court until the defendant received service of process. We reject both assertions and affirm the district court’s remand of the class action to state court.

I. FACTS AND PROCEEDINGS BELOW

On February 17, 2005, Bush filed a civil class action in Superior Court, Los Ange-les County, alleging that Cheaptickets had imposed illegitimate “taxes and fees” in connection with the sale of online travel and accommodations services, and that this conduct violates California’s…