United States Ninth Circuit
Kuxhausen v. BMW Financial Services NA LLC, 12-57330
District court's remand to state court of plaintiff’s proposed class action involving defendant's California automobile dealership is reversed and remanded, where: 1) plaintiff had not pled all the facts necessary for diversity jurisdiction under the Class Action Fairness Act and specifically, the amount in controversy; 2) defendant was not obligated to supply information which plaintiff omitted; and 3) the removal clock under 28 USC Section 1446(b) was not triggered, and therefore, defendant timely removed plaintiff's proposed class action suit.
Appellate Information
- Decided 02/25/2013
- Published 02/25/2013
Judges
- O’SCANNLAIN
Court
- United States Ninth Circuit