McFadden

McFadden v. Nissan North America, Inc.

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20232:23-cv-01091California1,472 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RHONDA J. MCFADDEN, an individual, No. 2:23-cv-01091-AC Plaintiff, v. ORDER NISSAN NORTH AMERICA, INC., a Delaware Corporation, and DOES 1 through 10, inclusive, Defendants. 17 This action is proceeding before the Magistrate Judge for all purposes pursuant to the parties’ consent. ECF No. 8. Defendant removed this case from state court on June 6, 2023. ECF No. 1. Plaintiff now moves to remand, arguing that the removal was procedurally defective because it was untimely. ECF No. 9. Defendant opposes the motion. ECF No. 11. For the reasons set forth below the court DENIES plaintiff’s motion. I. Relevant Background This case was initially filed on April 4, 2023, in the Superior Court of California for the County of Sacramento, and was served on defendant on April 7, 2023. ECF No. 1-1 at 2. The complaint alleges that plaintiff purchases a 2021 Nissan Kicks new vehicle with a 3-year/36,000- 27 …

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