Ana P. Gomez v. FCA US LLC

I.

BACKGROUND

On April 30, 2019, Plaintiff filed a Complaint in Los Angeles County Superior Court against Defendant FCA US LLC (“FCA”), alleging violations of California’s Song-Beverly Consumer Warranty Act (“Song-Beverly Act”), Cal. Civ. Code § 1790 et seq. Yasuzawa Decl., Ex. D (“Compl.”) [Doc. # 1-1]. Plaintiff’s allegations arise from her purchase of a new 2017 Jeep Renegade from FCA. Id. at ¶ 6. Plaintiff also brings a claim against FCA for failure to service, repair, or replace her car. Id. at ¶ 21.

On April 16, 2020, FCA removed the case to this Court on the basis of diversity jurisdiction. See Notice of Removal [Doc. # 1]. Plaintiffs filed the instant MTR on May 12, 2020, and it is now fully briefed. Opp. [Doc. # 15]; Reply [Doc. # 16].

II.

LEGAL STANDARD

There are two 30-day periods for removing a case to federal court. 28 U.S.C. § 1446(b); Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 885 (9th Cir. 2010). First, defendants have 30 days to remove an action when its removability is clear from the face of the “initial pleading.” Id.; see also Kuxhausen v. BMW Fin. Servs. NA LLC, 707 F.3d 1136, 1139 (9th Cir. 2013) (“To avoid saddling…