What is a Notice of Removal?

A notice of removal initiates the process of transferring a civil action from a state court to a federal court. The United States Code imposes several requirements that must be met for removing a case from state court to federal court.

“A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.” 28 U.S.C. § 1446(a). All defendants subject to state court jurisdiction must consent to removal. 28 U.S.C. § 1441(b)(2); Hewitt v. City of Stanton, 798 F.2d 1230, 1232 (9th Cir. 1986); Bonner v. Fuji Photo Film, 461 F.Supp.2d 1112, 1118 (N.D. Cal. 2006); Watanabe v. Lankford, 684 F.Supp.2d 1210 (D. Haw. 2010); Myer v. Nitetrain Coach Co., Inc., 459 F.Supp.2d 1074 (W.D. Wash. 2006).

“The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.” 28 U.S.C. § 1446(b)(1).

“Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” 28 U.S.C. § 1446(d). “A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.” 28 U.S.C. § 1447.

“[T]he state court's jurisdiction is suspended when the defendant seeking removal gives notice to the state court clerk, and it is reacquired when the district court clerk gives notice to the state court clerk in the form of a certified copy of the remand order.” Spanair S.A. v. McDonnell Douglas Corp. (2009) 172 Cal.App.4th 348, 356; Allstate Ins. Co. v. Sup. Ct. (1982) 132 Cal.App.3d 670, 676. Although it may not “proceed” with the case during the period of the removal, the superior court may engage in ministerial or clerical actions which do not affect the merits of the action. Lawrence v. Chancery Ct. of Tenn. (6th Cir. 1999) 188 F.3d 687; Pebble Creek Homes, LLC v. Upstream Images, LLC (D. Utah 2007) 547 F.Supp.2d 1214.

Useful Resources for Notice of Removal

Recent Documents on Notice of Removal

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Notice of Settlement of Entire Case - Status Conference

request for the date 1b the date O2 scheduled hearing

Order Show Cause Re: Dismissal

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’3 File Stamp 627 West 21st Street F ED Merced, CA 95340 Merced County Superior Court (209) 725-4111 08/29/2016 ...

Notice Request for Dismissal/Conditional - Case Management Conference

O O 1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 03/08/2017 _ Time: 12:30 PM . ...

Order to Show Cause in re: Dismissal - PURSUANT TO CALIFORNIA RULE OF CO...

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) |_Ghrstopher B. Mandarich SB 220083: s Ainy Marshall SB961601; Amber Swearingen-Ojuri $B324689; David C. McGaffey SB315632; MANDARICH LAW GROUP, LLP. P 0 Box 109032 Chicago, IL 60610, TELEPHONE NO 877.285 4918 FAX NO. 818 888 1260 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name)* Cavalry SPV I, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE STREET ADDRESS’ 1775 CONCORD AVE. MAILING ADDRESS: cITy AND zip ...

Request for Dismissal/Unconditional - Status Conference

1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil 530-5...

Order Approving Compromise of Disputed Claim - Status Conference

2/6/2019 .1ATTORNEY OR PARTY WITHOUTATI'ORNEY (Name. SletaBernumber, and address): ’ FORCOURTUSE ONLY ...

Request for Dismissal/Conditional - Status Conference

. 1775 Concord Ave . _ Superlor Court of Callfornla Chico CA 95928 County of Butte ...

Plaintiff's Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): t-Terry A. Duree, Esq. SBN: 61008 GENTS Terry A. Duree, Inc. 622 Jackson St Fairfield, CA 94533 FF — Superior Court of Califomia__ = TELEPHONE No: 707-422-8933 FAX NO. (Optional): | County of Butte I E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):Kelsti Group, Inc. L L SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E E street appress: Chico Courthouse maine aopress: 1775 Concord Avenue D Ki Fiener, Clerk...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Capital One Bank (USA), N.A. vs Carrizales Marcos NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 18CV-00314 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 CSO Financial, Inc. vs Mariah Fryman NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-03915 Settlement ...

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