Alcazar

Alcazar v. Nissan North America, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 24, 20233:23-cv-01951California941 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIA CRYSTAL ALCAZAR, Case No. 23-cv-01951-JD

Plaintiff,

ORDER RE REMAND

v.

NISSAN NORTH AMERICA, INC., Defendant.

12 Plaintiff Maria Crystal Alcazar sued Nissan North America in the Superior Court of Alameda County for state law claims arising from the purchase of an allegedly defective vehicle. Dkt. No. 1-2. Nissan removed the case to federal court based on diversity jurisdiction. Dkt. No. 1; 28 U.S.C. § 1441(b). Alcazar has asked for a remand back to state court. Dkt. No. 15. The parties’ familiarity with the record is assumed, and a remand is denied. DISCUSSION Alcazar does not dispute that the requirements for diversity jurisdiction under 28 U.S.C. § 1332 are satisfied. Dkt. No. 15 at 1. The remand motion is based solely on the timeliness of the notice of removal, as Alcazar contends that Nissan waited too long to remove the case under 28 U.S.C. § 1446(b). Id. Alcazar filed her state court complaint on March 15, 2023, and…

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