Civil Procedure Cases
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Civil Procedure

U.S. District Court — Central District of California
Uncategorized

Lin v. Amazon.com — C.D. Cal. Remands Eye-Injury Suit, Holding Allegations of Permanent Blindness Alone Cannot Satisfy $75,000 Threshold

Central District of California remands a pro se eye-injury suit against Amazon, holding that even allegations of permanent blindness — without quantification of damages — cannot satisfy the $75,000 amount-in-controversy requirement, and denies the plaintiff’s motion for sanctions.

U.S. District Court — Central District of California
Uncategorized

Nieto v. Wal-Mart — C.D. Cal. Holds Cancer-Patient Termination Suit Stays in Federal Court Based on Front and Back Pay Calculation

Central District of California denies remand of a wrongful-termination suit by a former Walmart warehouse worker who took medical leave for cancer treatment, holding that lost wages alone — calculated as 2.5 years of back pay plus 2.5 years of front pay — exceed the federal $75,000 amount-in-controv

U.S. District Court — Central District of California
Uncategorized

Marquez v. Republic National Distributing — C.D. Cal. Dismisses NLRA-Preempted Claims, Then Remands the Rest of the Wrongful-Termination Suit

Central District of California grants an unopposed motion to dismiss three labor claims as preempted by the National Labor Relations Act, then grants the plaintiff’s motion to remand the remaining state-law claims for lack of any remaining federal hook.

U.S. District Court — Central District of California
Uncategorized

Sara F. v. Bisignano — C.D. Cal. Affirms SSI Denial Where Claimant Reported Disabling Symptoms Only to Disability Examiners

Central District of California affirms denial of supplemental security income, holding that the ALJ provided clear and convincing reasons for partially discrediting the claimant’s back-pain testimony where the medical record contained no documentation of the alleged 2018 car accident or any treatmen

U.S. District Court — Central District of California
Uncategorized

Tobias M.P. v. Bisignano — C.D. Cal. Reverses Disability Denial, Holding ALJ Failed to Tie Symptom Testimony to Specific Contradictions in the Record

Central District of California reverses denial of child’s insurance benefits and SSI, holding the ALJ failed to articulate clear and convincing reasons for discounting the claimant’s testimony about severe fatigue and remanding for a fresh symptom-testimony analysis.

U.S. District Court — Central District of California
Uncategorized

Warman v. General Motors — C.D. Cal. Holds Lemon-Law Complaint Without Dollar Figures Did Not Trigger 30-Day Removal Clock

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.

U.S. District Court — Central District of California
Uncategorized

Landeros v. General Motors — C.D. Cal. Denies Remand of Transmission-Defect Lemon-Law Suit, Finding Removability Was Not Apparent on the Complaint

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.

U.S. District Court — Central District of California
Uncategorized

Powell v. General Motors — C.D. Cal. Keeps Used Tahoe Lemon-Law Suit in Federal Court Using Civil-Penalty Multiplier

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.

U.S. District Court — Central District of California
Uncategorized

Gonzalez v. General Motors — C.D. Cal. Denies Remand of Cadillac CT5 Lemon-Law Suit, Citing Civil-Penalty Multiplier

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.

U.S. District Court — Central District of California
Uncategorized

Caballero v. Nissan — C.D. Cal. Keeps Used Rogue MMWA Suit in Federal Court Using Song-Beverly Damages Calculation

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.

U.S. District Court — Central District of California
Uncategorized

Kyoko M.H. v. Bisignano — C.D. Cal. Affirms SSI Denial, Holding Step-Two and Symptom-Testimony Errors Were Harmless

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

U.S. District Court — Central District of California
Uncategorized

Randy E. v. Bisignano — C.D. Cal. Reverses Disability Denial, Finding ALJ Failed to Adequately Explain Rejection of Consultative Examiner

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

U.S. District Court — Central District of California
Uncategorized

Lindsey C.F. v. Bisignano — C.D. Cal. Affirms Disability Denial, Citing Caregiving Work, Treatment Gaps, and Active Daily Life

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

U.S. District Court — Central District of California
Uncategorized

Suarez v. Nissan — C.D. Cal. Remands Lemon-Law Case as Untimely, Holding Vehicle Price Plus Statutory Penalty Triggered 30-Day Clock at the Complaint

Central District of California remands a Song-Beverly lemon-law suit as untimely removed, holding that a complaint pleading the vehicle’s purchase price and a demand for a civil penalty equal to twice actual damages plainly shows over $75,000 in controversy and starts the 30-day clock at service.

U.S. District Court — Central District of California
Uncategorized

Ortiz v. General Motors — C.D. Cal. Remands Lemon-Law Case as Untimely After Plaintiff’s Initial Disclosures Made Removability Clear

Central District of California remands a Chevrolet Silverado lemon-law suit as untimely removed, holding that the plaintiff’s initial disclosures — including the sales contract and repair orders — were an “other paper” that started the 30-day clock long before the manufacturer removed.

U.S. District Court — Central District of California
Uncategorized

Harber v. FCA US — C.D. Cal. Tosses RAM 1500 Lemon-Law Suit on Statute of Limitations and Vague Concealment Claim

Central District of California dismisses every claim in a lemon-law suit over an EGR-cooler defect, holding the Song-Beverly claims are barred by the four-year UCC statute of limitations and that the fraudulent-concealment claim fails Rule 9(b)’s heightened particularity requirement.

U.S. District Court — Central District of California
Uncategorized

Nelson v. Textron — C.D. Cal. Holds Worker’s Tort Claims Against Equipment Maker Are Removable Despite Workers’-Comp Bar

Central District of California holds that a ramp agent’s product-liability and negligence claims against airport equipment companies do not “arise under” California workers’ compensation law and may be removed to federal court despite Section 1445(c).

U.S. District Court — Central District of California
Uncategorized

Montes-Mendoza v. General Motors — C.D. Cal. Keeps Silverado Lemon-Law Case in Federal Court Using Civil Penalties to Meet Threshold

Central District of California denies remand of a Chevrolet Silverado lemon-law case, holding that civil penalties for an alleged willful Song-Beverly violation count toward the federal amount-in-controversy requirement and that the manufacturer need not prove willfulness to invoke that calculation.

U.S. District Court — Central District of California
Uncategorized

Powell v. Mercedes-Benz USA — C.D. Cal. Sua Sponte Remands Lemon-Law Suit Where Defendant’s Damages and Civil Penalty Estimates Were Speculative

Judge Anne Hwang sua sponte remanded a Mercedes-Benz lemon-law case after finding the defendant’s actual-damages calculation ignored the new January 2025 statutory offsets under Cal. Civ. Code § 871.27 and the conclusory willfulness allegation could not support adding $124,012 in civil penalti

U.S. District Court — Central District of California
Uncategorized

Holmes v. General Motors — C.D. Cal. Keeps Lemon-Law Suit in Federal Court, Holding Civil Cover Sheet Did Not Trigger Removal Clock

Central District of California denies remand of a Song-Beverly lemon-law case, holding that a state-court civil case cover sheet checking a damages box is not an “initial pleading” or “other paper” that starts the 30-day removal clock.

U.S. District Court — Central District of California
Uncategorized

Austin v. Flowers Bakeries Sales — C.D. Cal. Sends Wage Class Action Back to State Court Over Speculative Attorney-Fee Estimate

Central District of California remands a putative wage-and-hour class action, holding that an employer’s speculative estimate of the named plaintiff’s attorneys’ fees cannot satisfy the $75,000 federal amount-in-controversy requirement.

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