Kenneth Ray Parson v. John Christner Trucking, LLC

I. Background

On July 17, 2019, Plaintiff initiated this action against Defendants in the San Bernardino County Superior Court, alleging injuries from an accident between Plaintiff’s automobile and Defendants’ semi-truck. See Mot. 3:3 7; see generally Complaint, Dkt. # 2-1 (“Compl.”). On July 31, 2020, Defendants removed the case to this Court based on diversity jurisdiction. See Notice of Removal, Dkt. # 1 (“NOR”), ¶¶ 6 14. Plaintiff now moves to remand the case to the Superior Court, arguing that Defendants failed to timely remove this case. See generally Mot. The Court agrees. Accordingly, the Court GRANTS Plaintiff’s motion.

II. Legal Standard

“Federal courts are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 251, 256 (2013) (internal quotation marks omitted). Under 28 U.S.C. § 1441, a defendant may remove a civil action from state court to federal district court only if the federal court has subject matter jurisdiction over the case. See City of Chi. v. Int’l Coll. of Surgeons, 522 U.S. 156, 163 (1997) (“The propriety of removal thus depends on whether the case originally could have…