SHERMAN LEE VS CHARLES HASBUN ET AL

MOTION TO DISMISS IS DENIED WITHOUT PREJUDICE.

Defendant Melissa Hasbun’s motion to dismiss this case for failure to bring it to trial within 5 years is DENIED without prejudice.

As indicated by Plaintiff’s opposition to the instant motion, on March 3, 2016, a Notice of Removal was filed indicating that the case had been removed to the United States Bankruptcy Court and/or the United States District Court.

Pursuant to a notice of removal and California Rules of Court Rule 3.22, “[i]f a case is removed to federal court, the court will order a date, not earlier than 90 days from the date of removal, by which counsel must file a Notice of Status of Removed Case. If the case has not remanded to the trial court by that time, it will be recorded as completed without the need to conduct a further status conference.” “[A]ccording to the plain language of these statutes, the state court's jurisdiction is suspended when the defendant seeking remova........