MG Star LLC v. AmGUARD Insurance Company

I. BACKGROUND

25 Plaintiff commenced this action in Fresno County Superior Court on February 23, 2023. 26 Plaintiff’s complaint alleges state law contract claims against Defendant and seeks declaratory 27 relief and damages. (ECF No. 1, pp. 10-27). Plaintiff served Defendants with the summons and 28 complaint on March 1, 2023. (Id., p. 81). Defendant filed an answer to Plaintiff’s complaint in Fresno County Superior Court on March 28, 2023. (Id., pp. 84-90). On April 10, 2023, Defendant filed a notice of removal on the basis of diversity jurisdiction. (ECF No. 1., pp. 6-8). On April 14, 2023, Defendant filed the pending motion to have Defendant’s notice of removal deemed as filed on March 29, 2023 (ECF No. 6) and 5 supporting declarations (ECF Nos. 8 & 7). On April 25, 2023, Plaintiff filed both an opposition to 6 Defendant’s motion (ECF No. 10)1 and a motion to remand based on Defendant’s untimely 7 removal (ECF No. 11). Defendant filed a reply to Plaintiff’s opposition (ECF No. 13)2 and an 8 opposition to the motion to remand (ECF No. 17). On May 11, 2023, Plaintiff filed a reply 9 regarding the motion to remand. (ECF No. 18).

II. DISCUSSION

11 The…