Ramos

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALFREDO BARAJAS RAMOS, Case No. 23-cv-03111-VC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

FORD MOTOR COMPANY, Re: Dkt. No. 14 Defendant.

The motion to remand is denied. Removal is proper when the amount in controversy exceeds $75,000. 28 U.S.C. § 1446(c)(2)(B). A defendant has 30 days to remove from receipt of the initial pleading. 28 U.S.C. § 1446(b). But if the initial pleading is indeterminate as to whether removal is proper, a defendant may remove within 30 days of receiving a paper “from which it may first be ascertained that the case is one which is or has become removable.” 28 U.S.C. § 1446(b)(3). Here, Ford removed within 30 days of learning the purchase price of the vehicle at issue in the complaint. Ramos contends removal was untimely because it occurred more than 30 days after Ford received the complaint. For Ramos’s argument to succeed, the grounds for removal must have been “revealed affirmatively in the initial pleading.” Harris v. Bankers Life & Cas. Co., 425 F.3d 689, 695 (9th Cir. 2005). Based on the four corners of Ramos’s complaint, it is not…