KUXHAUSEN v. BMW FINANCIAL SERVICES NA LLC

No. 12-57330.

707 F.3d 1136 (2013)

Shanna Lee KUXHAUSEN, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. BMW FINANCIAL SERVICES NA LLC, a Delaware limited liability company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2013.


Attorney(s) appearing for the Case

Michael J. Hassen , Jeffer Mangels Butler & Mitchell LLP, San Francisco, CA, for Defendant-Appellant.

Christopher P. Barry (argued), Hallen D. Rosner and Angela J. Patrick , Rosner, Barry & Babbitt, LLP, San Diego, CA, for Plaintiff-Appellee.

Before: DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT, and RICHARD R. CLIFTON, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the defendant timely removed this proposed class action involving a California automobile dealership to federal court.

I

A

Seeking to trade in her BMW sedan for a larger model, Shanna Kuxhausen visited Crevier Motors in Irvine, California. A salesperson for the dealership interested her in a BMW X3 sports utility vehicle (SUV...

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