Shanna Kuxhausen v. Bmw Financial Services Na Llc

We must decide whether the defendant timely removed this proposed class action involving a California automobile dealership to federal court.

I

A

Seeking to trade in her BMW sedan for a larger model, Shanna Kuxhausen visited Crevier Motors in Irvine, California. A salesperson for the dealership interested her in a BMW X3 sports utility vehicle (SUV)- After learning about the SUV’s features and taking a test drive, Kuxhau-sen and Crevier worked out the preliminary financing details. Kuxhausen then signed a Retail Installment Sale Contract (RISC or “contract”), which structured her purchase over a sixty-month term. In the “Itemization of the Amount Financed Section” of the RISC appeared the notation “N/A” (not applicable) on a line designated for registration and titling fees. On the reverse side of the RISC was, allegedly unbeknownst to Kuxhausen, an agreement to arbitrate all disputes.

Kuxhausen took the SUV home. Around January 6, 2009, Crevier telephoned Kuxhausen with the news that because it had failed to obtain her financing, she would need either to return her purchase or make a down payment as part of a new financing deal. A few days later, she returned to the…