Ninth Circuit -- SHANNA KUXHAUSEN V. BMW FINANCIAL SERVICES NA LLC

As initial pleading in state class action was silent as to the loss sustained by individual class members, CAFA eligibility was not established, and the removal clock did not start ticking.

Pre-suit documents do no qualify for the statutory exception to rule that CAFAbility is established from the pleadings.

SHANNA KUXHAUSEN V. BMW FINANCIAL SERVICES NA LLC