James Daggs v. FCA US LLC

Good Law
United States District Court, Central District of CaliforniaSeptember 9, 20202:20-cv-03867California1,553 words

Opinion

Trial Court Opinion

O

2 3 4 5 6

United States District Court Central District of California

11 JAMES DAGGS et al., Case № 2:20-CV-03867-ODW (JEM)

Plaintiffs,

ORDER DENYING MOTION TO

v.

REMAND [10]

14 FCA US LLC, et al.,

15 Defendants.

16 I. INTRODUCTION On March 19, 2020, Plaintiffs James Daggs and Rhonda Daggs (“the Daggses”) 19 initiated this action in the Santa Barbara Superior Court for breach of express 20 warranty and breach of implied warranty of merchantability under the Song-Beverly 21 Consumer Warranty Act. (Notice of Removal (“Notice”) ¶ 2, Ex. A (“Compl.”), ECF 22 No. 1-1.) On April 28, 2020, Defendant FCA US LLC (“FCA”) removed the action to 23 this Court. (Notice, ECF No. 1.) The Daggses seek to remand on the basis that 24 removal was untimely under 28 U.S.C. § 1446(b). (Notice of Mot. to Remand 2, ECF 25 No. 10; see also Mem. in Supp. (“Mot.”) 2, ECF No. 11.) For the reasons discussed 26 below, the Court DENIES the Daggses’ Motion to Remand.1

28 1 Having carefully considered the papers filed in connection with the Motion, the Court…

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