Kevin Michael Friel v. General Motors LLC

Good Law
United States District Court, Central District of CaliforniaOctober 10, 20232:23-cv-06990California644 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

KEVIN MICHAEL FRIEL and No. 2:23-cv-06990-DSF-PVC

SHIRLEY RAYE FRIEL,

Plaintiffs, Order DENYING Plaintiffs’ Motion to Remand (Dkt. 14) and v. Requiring Defendant to Show Cause re Subject Matter GENERAL MOTORS, LLC, a Jurisdiction limited liability company; and DOES 1 through 10, inclusive, Defendants.

Plaintiffs move for remand to California Superior Court. Defendant General Motors LLC objects, arguing removal was substantively and procedurally proper. It is not clear to the Court what purpose the motion serves, as there is virtually no doubt that the Court has subject matter jurisdiction. Plaintiffs do not contend removal was improper, but instead contend GM has failed to prove that all the requirements for removal jurisdiction under 28 U.S.C. §§ 1441 and 1446 are present. Like the plaintiff in Vidana v. General Motors LLC, No. 2:23-cv- 06986-MCS-AGR at dkt. 15, Plaintiffs here have failed to comply with the letter and spirit of Local Rule 7-5, which requires them to provide “[a] brief but complete memorandum in support [of the motion] and the points and authorities upon…

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