CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 2:20-cv-05652-SVW-PJW Date September 17, 2020 Title Maurilio Duran v. Wal-Mart Stores, Inc., et al

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: N/A N/A Proceedings: IN CHAMBERS ORDER REMANDING CASE

A defendant has 30 days to remove a case after removability first becomes ascertainable.

(b)(3). The statute is "strictly construe[d]" against removal. Gaus v. Miles, Inc.,

(9th Cir. 1992). Defendant received Plaintiff's Statement of Damages on May 5, 2020. Dkt. 6, Exs. 4-5. That document described past and future medical expenses exceeding $75,000, which triggered the 30-day removal period. See Neky v. Costco Wholesale Corp.,

, at *2 (N.D. Cal. 2019). Defendant's June 25, 2020 notice of removal was therefore untimely and Plaintiff's motion to remand is GRANTED. Plaintiff's request for attorney's fees under § 1447(c) is DENIED because Defendant's argument was not unreasonable. See Lussier v. Dollar Tree Stores, Inc.,

(9th Cir. 2008); Agdayan v. Travelers Commercial Ins. Co.,

(C.D. Cal. 2017).

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