Central District of California denies remand of a Song-Beverly lemon-law suit, holding that a complaint pleading no dollar figures did not start the 30-day removal clock and that GM properly removed after its own investigation showed the amount in controversy.
Central District of California denies remand of a Song-Beverly transmission-defect suit, holding the complaint did not affirmatively reveal removability and that GM properly removed after investigating the vehicle’s purchase price and repair history.
Central District of California denies remand of a lemon-law case over a used 2021 Chevrolet Tahoe, holding that GM established the federal amount in controversy through Kelly Blue Book pricing, statutory offsets, and the maximum two-times Song-Beverly civil penalty.
Central District of California denies remand of a Cadillac CT5 lemon-law suit, holding that vehicle price plus the maximum two-times Song-Beverly civil penalty placed roughly $153,936 in controversy and that GM removed timely after no qualifying paper triggered the 30-day clock.
Central District of California denies remand of an MMWA suit over a used 2023 Nissan Rogue, holding that the federal warranty statute’s $50,000 amount in controversy is satisfied through Song-Beverly damages, civil penalties, and attorney’s fees calculations.
Central District of California affirms denial of supplemental security income, holding that any step-two error in failing to find a claimant’s foot impairments and obesity “severe” was harmless because the ALJ proceeded through the remaining steps and considered those conditions in the residual func
Central District of California reverses denial of disability insurance benefits, holding that the ALJ failed to provide substantial-evidence support for rejecting a consultative examiner’s opinion that limited the claimant to two hours of standing and walking, and that the ALJ’s alternative reasons
Central District of California affirms denial of Social Security benefits, holding that the ALJ permissibly discounted the claimant’s symptom testimony based on her paid 73-hour-per-month caregiving work, gaps in pursuit of treatment, and active daily activities including walking, gardening, and rol
Second District holds that under California’s Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.
Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier’s employee.