Michael Chong Ku Walters v. General Motors LLC

I. BACKGROUND

On July 21, 2023, Plaintiffs filed this action in San Luis Obispo County Superior Court, asserting that Defendant violated the Song-Beverly Consumer Warranty Act, committed fraud, and violated California’s Business & Professions Code Section 17200. (Notice of Removal (“NoR”) (Docket No. 1); Complaint (Docket No. 1-1)). Plaintiffs’ claims arise from the purchase of a 2022 Chevrolet Bolt (the “Subject Vehicle”) and Defendant’s alleged failure to conform the vehicle to the applicable warranties after a reasonable number of repair attempts. (Complaint ¶¶ 4, 7, 14).

II. LEGAL STANDARD

A. Motion for Remand A motion to remand is the vehicle used to challenge the removal of an action. Moore-Thomas v. Alaska Airlines, Inc., 553 F.3d 1241, 1244 (9th Cir. 2009); see 28 U.S.C. § 1447(c). In general, a state civil action may be removed only if, at the time of removal, it is one over which there is federal jurisdiction. See 28 U.S.C. § 1441.

Because federal courts are ones of limited jurisdiction, the removal statute is to be strictly construed; any doubt about removal is to be resolved in favor of remand. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (citing…