United States Ninth Circuit

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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

Counsel