Gwendolyn Kayfes v. BMW of North America, LLC

DISCUSSION

I. MERITS OF REMOVAL.

Section 1446(b)(1) of Title 28 of the United States Code requires a defendant to remove a case “within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based[.]” However, “if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.” 28 U.S.C. § 1446(b)(3). While the 30-day time limit is procedural rather than jurisdictional, “the time limit is mandatory and a timely objection to a late petition will defeat removal[.]” Smith v. Mylan, Inc., 761 F.3d 1042, 1045 (9th Cir. 2014) (internal quotation marks omitted). Here, plaintiff contends that removal was untimely because defendants were served with the FAC, which added the Magnuson-Moss Act claims, on March 8, 2022, (Dkt. 11, Vachon Decl. at ¶ 7 & Exh. 5 (Receipt of Electronic Service)); (see also…