Gerardo Brambila et al v. American Reliable Insurance Company

Filing 20

ORDER GRANTING STIPULATION TO AMEND COMPLAINT TO ADD WOZENCRAFT INSURANCE AGENCY AS A DEFENDANT; AND REMAND TO STATE COURT by Judge John A. Kronstadt. The proposed amended complaint, adding claims against Wozencraft only, shall be filed by no later than Tuesday, March 3, 2015. Upon amendment of the complaint, diversity jurisdiction will be destroyed and the parties have agreed that the action should be remanded to the Los Angeles Superior Court, Case BC563590. Made JS-6 (bp)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA –WESTERN DIVISION

GERARDO BRAMBILA, an
Individual; DORA MARIE
BRAMBILA, an Individual; and
11 LYDIA BRAMBILA, an Individual,
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)
)
)
)
)
Plaintiff,
)
)
v.
)
)
AMERICAN RELIABLE
)
INSURANCE COMPANY, an
)
Arizona corporation; and DOES 1 )
through 20, inclusive,
)
)
Defendants.
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)

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CASE NO. 2:14-cv-009548
[Assigned to District Judge John A. Kronstadt;
Magistrate Judge Ralph Zarefsky]

ORDER GRANTING STIPULATION
TO AMEND COMPLAINT TO ADD
WOZENCRAFT INSURANCE
AGENCY AS A DEFENDANT; AND
REMAND TO STATE COURT
JS-6
[Filed Concurrently with Stipulation]
Complaint Filed: November 12, 2014
Removed to USDC: December 12,
2014
Trial Date: January 19, 2016

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Pursuant to Central District Local Rules 7-1, 8-1 and 52-4.1, Plaintiffs

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Gerardo Brambila, Dora Marie Brambila and Lydia Brambila (hereinafter

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collectively "Plaintiffs") and Defendant American Reliable Insurance

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Company (hereinafter "ARIC"), by and through their respective counsel,

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have stipulated to amend the complaint to add Wozencraft Insurance

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Agency as a defendant and, upon the amendment of the complaint, to then

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remand the action back to the Los Angeles Superior Court upon the lack of

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diversity jurisdiction.
Order on Stipulation to Amend Complaint; Remand

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The Stipulation of the parties is based on the following recitations:

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1.

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November 12, 2014.

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Plaintiffs filed this action in the Los Angeles Superior Court on

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ARIC was served with Plaintiffs' Complaint on November 14,

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ARIC removed this case from the Los Angeles Superior Court

2014.

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to the United States District Court for the Central District of California on

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December 12, 2014.

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3.

The parties agree that Wozencraft Insurance Agency

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(hereinafter Wozencraft”) should be a party to the action and they have

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agreed to allow for the amendment of the complaint to name Wozencraft as

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a defendant.

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4.

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The proposed amended complaint, adding claims against

Wozencraft only, shall be filed by no later than Tuesday, March 3, 2015.
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Upon amendment of the complaint, diversity jurisdiction will be

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destroyed and the parties have agreed that the action should be remanded

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to the Los Angeles Superior Court, Case No. BC563590.

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IT IS SO ORDERED

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DATED: March 5, 2015

By:

HON. JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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Order on Stipulation to Amend Complaint; Remand

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