Litigation

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.

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.

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.

Central District of California denies remand of a misappropriation-of-likeness suit, holding that a plaintiff’s rejection of a $75,001 settlement offer is an “other paper” that started the 30-day removal clock and itself proved the amount in controversy.

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).

Central District of California affirms denial of Supplemental Security Income, holding that the ALJ properly evaluated a consultative examiner’s opinion and that 23,000 cashier-II jobs in the national economy is a “significant number” at step five.

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.