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.
Pro per plaintiff Sharon Wallace's motion to set case for trial is DROPPED without prejudice.
This case was filed in 2010, and was stayed after this action was removed to the USCD by the attorneys for J. Michael Hopper, Chapter 7 Trustee. Plaintiff subsequently moved for relief from the stay in October 2015, informing the Court that the bankruptcy court filed a motion to remand and a motion to ab...
..ase back to state court. Specifically, the Court explained in its January 26, 2016 ruling on Defendant's motion to dismiss:
The federal statutes which govern the process for removal of a civil action originally filed in state court, and the procedure after removal, expressly tie the suspension and reacquisition of the state court's jurisdiction to the notice given the state court of removal and r...
1) Petitioners and Cross-Defendants Triple Nine Plus Fine Land (Fine Land), C.B. Nanda (Nanda), Triple Nine Kelly LLC (Kelly) and RMDG LLC’s (RMDG) Demurrer to Cross-Complaint;
2) Motion to Strike Cross-Complaint to Petition to Compel Arbitration,
3) Motion for Order Authorizing Plaintiffs’ Filing of Dismissal of Petition as of February 6, 2018
Collectively “the Triple Plaintiffs or Plaintiffs”.
3...
..On January 17, 2018, the Tuckers filed an answer and cross-complaint to the Petition. Several hours later, on that same day, January 17, 2018, Plaintiffs filed requests for dismissal of the Petition. Based on an internal policy, the court clerk processed the later filed dismissals first and then rejected the answer and cross-complaint because the action had been dismissed. On January 29, 2018, th...
Plaintiff Rosa May’s motion for summary adjudication is taken OFF-CALENDAR.
On December 22, 2017, Plaintiff Rosa May (“Plaintiff”) filed the instant lemon law complaint against Defendant First Motor Group of Encino LLC (“Defendant” or “FMG”). The Complaint alleges two causes of action for: 1) violation of Consumer Legal Remedies Act (“CLRA”); and 2) breach of implied warranty of merchantability.
...
..o safety exists. In August 2016, she received a second letter indicating that a safety defect exists. Subsequently, Plaintiff took the vehicle to Defendant many times because she was scared to continue driving herself and others. She wished to either have the defect repaired, or to accept the vehicle for a trade-in/buy-back. Defendant failed to repair or accept the vehicle on a trade in because of...
(1) Plaintiff Roy’s Motion to Deem Objections Waived and to Compel Response to Demand for Inspection.
(2) Plaintiff Martin’s Motion to Deem Objections Waived and to Compel Response to Demand for Inspection.
Each plaintiff propounded a set of requests for production on defendant Wells Fargo Bank by mail on January 22, 2018; the action was removed to Federal Court on February 21, 2018; the U.S. Dist...
..: defendant did not timely respond to the two requests for production, because the State court jurisdiction was merely suspended while the case was removed to the Federal Court, the defendant had 30 days from January 27, 2018 to serve its responses, there was only four days remaining when the action was removed on February 22, 2018, and defendant failed to respond within 4 days after the case was...
#1-271 - In re Ford Motor Company cases
In minute orders dated between June 5, 2018 and June 7, 2018 in each of the cases listed in Exhibit “A” attached herein, this court set this Order to Show Cause (“OSC”) re: Why the 271 cases listed in Exhibit “A” should not be deemed complex and transferred to a single judge assigned to complex litigation at the Spring Street Courthouse in the Central Distr...
..ainst Ford Motor Company, each in the name of a different individual plaintiff; that the cases’ substantially similar 27-29 page complaints allege that Ford Motor Company violated its statutory obligations, specifically alleging that the “DPS6 PowerShift” transmission installed from 2012-2016 in the 2012-2015 model Ford Focus and 2011-2015 Ford Fiesta cars were defectively designed and defective...
Refund of First Appearance Fees (II)
This is a collections lawsuit stemming from breach of a commercial lease and associated personal guarantee. Before the Court this day is an unopposed motion by defendants to recoup first appearance fees after having the matter removed to federal court.
Pursuant to Govt Code §70612, every individual defendant appearing in an action is required to tender the firs...
..or filing, he checked the “all defendants” box. The clerk’s office properly levied a first appearance fee for all thirteen (13) defendants, which was paid by defense counsel.
Defendants now seeks a cure of this “clerical error” and remittance of first appearance fees for 12 of the 13 defendants. When this motion was first heard on 02/10/17, defendants argued that CCP §128 authorized this Court to...
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
...
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 ...
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...
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
...
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
...