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.
As a preliminary matter, the Court GRANTS the Plaintiffs’ and the City’s requests for judicial notice; OVERRULES Plaintiffs’ objections to the Engstrom Declaration; and SUSTAINS objection nos. 1, 5, 7 and 9 to the Belmar Declaration and OVERRULES all remaining objections. GENERAL LAW A party seeking a preliminary injunction must show an imminent threat of irreparable harm should the preliminary injunction not issue. (Korean Philadelphia Presbyterian Church v.
Sep 29, 2030
Orange County, CA
On March 1, 2019 the Court issued its ruling regarding the interpretation of Section 13.2(f) of the parties’ lease agreement.
Apr 25, 2026
Orange County, CA
Specifically, MaryJane is a plaintiff as to the First Cause of Action for Breach of Contract, the Second Cause of Action for Negligence, the Fourth Cause of Action for Breach of Express Warranty, and the Fifth Cause of Action for Breach of Implied Warranties. (Plaintiffs voluntarily dismissed the Third Cause of Action for Indemnity following the filing of Turner’s Motion.)
Apr 25, 2026
Orange County, CA
originating from the City of Long Beach MS4, Order No.
Jun 20, 2021
Orange County, CA
Edwards The pro hac vice applications of Adam A. Edwards, Gregory Coleman, Jason T. Dennett, Kim D. Stephens, and Paul C. Peel do not address whether the applicants are: (1) regularly employed in the State of California or (2) regularly engaged in substantial business, professional, or other activities in the State of California. CRC, Rule 9.40(a)(2) and (3).
Jun 20, 2021
Orange County, CA
Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.
Oct 13, 2020
Los Angeles County, CA
On October 11, 2019, Plaintiff 2000 Gold Limited Partnership (“Plaintiff”) filed a First Amended Complaint, asserting a cause of action against Defendant RCMI Group (“Defendant”) and Does 1-25 for: Unlawful Detainer On October 23, 2019, Plaintiff filed a Notice of Related Case; that day, the court deemed this instant case related to Case No. 19PSCV00905 and designated this instant case as the lead case. On November 22, 2019, a clerk’s default judgment for possession only was filed.
Oct 07, 2020
Los Angeles County, CA
See above Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) Yes Summary of the case. (CRC 3.1800 (a)(1).)
Sep 24, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) Yes Summary of the case. (CRC 3.1800 (a)(1).)
Sep 23, 2020
Contract
Breach
Los Angeles County, CA
Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.
Sep 18, 2020
Los Angeles County, CA
Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.
Aug 31, 2020
Personal Injury/ Tort
other
Los Angeles County, CA
Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all Parties of record.
Aug 27, 2020
Personal Injury/ Tort
other
Los Angeles County, CA
The next previously scheduled hearing is on 8/18/20 to review the filing / sufficiency of the status report due on or before 7/20/20.
Aug 18, 2020
Family Law
Conservatorship
Ventura County, CA
The next previously scheduled hearing is on 8/18/20 to review the filing / sufficiency of the status report due on or before 7/20/20.
Aug 18, 2020
Family Law
Conservatorship
Ventura County, CA
Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) No Summary of the case. (CRC 3.1800 (a)(1).) Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).) N/A Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.) N/A __ _______ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)
Aug 17, 2020
Los Angeles County, CA
Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) Yes Summary of the case. (CRC 3.1800 (a)(1).)
Aug 14, 2020
Employment
Other Employment
Los Angeles County, CA
Per the terms of the Agreement, Five Bulls received a cash advance of $40,000.00, with a remittance amount of $55,200.00. On December 9, 2019, Plaintiff received notice that Five Bulls’ remittance had bounced for nonsufficient funds. Five Bulls continued to bounce 14 more remittances thereafter and has failed to make any other scheduled remittances, despite Plaintiff’s demand for same.
Aug 12, 2020
Contract
Breach
Los Angeles County, CA
The Compendium of Evidence Notice further advised that paragraphs of certain declarations were filed conditionally under seal because they quoted or relied upon exhibits marked as “confidential” in this action per the SPO. On January 21, 2020, Plaintiff filed a “Notice of Lodging of Documents and Compendium of Exhibits in Support of Opposition [to]. . .
Aug 06, 2020
Business
Intellectual Property
Los Angeles County, CA
Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) See above Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) See above Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup, supra, 42 Cal.3d 822 at 824.) Yes _____ Summary of the case. (CRC 3.1800 (a)(1).)
Aug 06, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
However, no declaration of the any witness authenticated that document. On February 18, 2020, the Court overruled plaintiff’s objections to the judgment and entered judgment for defendant awarding costs and attorneys’ fees per Memorandum of Costs and motion. Notice of Entry Judgment was filed and served on February 18. 2020. On March 4, 2020, the defendant filed a motion for attorneys’ fees under the provisions of C.C.P. section 1717, seeking $7,350.00 in fees, setting the motion for April 1, 2020.
Aug 03, 2020
Los Angeles County, CA
Ecourt records reflect that on October 23, 2019, the court denied Plaintiff’s request for entry of default against Tissuesco for the following reason: “No POS on file, image is for other defendant.” Both proofs of service filed September 25, 2019 are for Chen. Plaintiff must correct the foregoing deficiency before the court will review the sufficiency of the default prove-up package.
Jul 31, 2020
Contract
Breach
Los Angeles County, CA
The declaration lacks the requisite language for admissibility (ie: identification of the place of signing and/or a statement providing “under the penalty of perjury under the laws of the State of California…” if signed outside of California.) To be admissible, a declaration made out-of-state for use in California must state that the statements were made under penalty of California law in material compliance with Code of Civil Procedure Section 2015.5. Kulshrestha v.
Jul 30, 2020
Collections
Promisory Note
Los Angeles County, CA
Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.
Jul 30, 2020
Los Angeles County, CA
Nature of Proceedings: Petition for Final Distribution No appearances required. Petition is recommended for approval.
Jul 29, 2020
Santa Barbara County, CA
The court may also, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473, subd. (a); Branick, supra, 39 Cal.4th at 242.) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”
Jul 29, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
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