Kris Kenny v. Wal-Mart Stores, Inc. et al

Filing 15

MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT by Judge Manuel L. Real: ORDER by Judge Manuel L. Real Defendant filed a demurrer to Plaintiff's First Amended Complaint in state court thereby waiving its right to remove. Accordingly, the matter is hereby REMANDED TO STATE COURT. Case remanded to San Bernardino Superior Court, Case number CIVDS1700766. ( Case Terminated. Made JS-6 ) Court Reporter: None Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No.

EDCV-17-967-R

Date: JUNE 8, 2017

Title:
KRIS KENNY -V.- WAL-MART STORES, INC. et al.
==========================================================================
PRESENT: HONORABLE MANUEL L. REAL, JUDGE
Christine Chung
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:

ATTORNEYS PRESENT FOR DEFENDANTS:

None
PROCEEDINGS:

None
MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO
STATE COURT

“Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the
first instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566-67 (9th Cir. 1992). A defendant may waive
his right to remove “‘by taking some substantial offensive or defensive action in the state court
action indicating a willingness to litigate in the tribunal before filing a notice of removal with the
federal court.’” Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLP, 365 F.3d 1244, 1246
(11th Cir.2004) (quoting Charles A. Wright, et al., 14B Federal Practice & Procedure § 3721
(2003)). Defendant filed a demurrer to Plaintiff’s First Amended Complaint in state court thereby
waiving its right to remove. Accordingly, the matter is hereby REMANDED TO STATE COURT.
IT IS SO ORDERED.

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MINUTES FORM 11
CIVIL -- GEN

Initials of Deputy Clerk ___CCH____