McCarthy v. Kim et al

Filing 9

ORDER by Magistrate Judge Bernard Zimmerman granting 3 Motion to Remand (bzsec, COURT STAFF) (Filed on 10/22/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT MCCARTHY, ) ) Plaintiff(s), ) ) v. ) ) CHAN GON KIM dba FOSTER ) FREEZE; SOON HEE KIMLEE, ) dba FOSTER FREEZE; and DOES ) 1 through 10, Inclusive, ) ) Defendant(s). ) ) CHAN GON KIM and SOON HEE ) LEE, ) Cross-Complainants, ) ) v. ) ) EUGENE & JAN SUE SETO ) FAMILY TRUST; EUGENE FUEY ) SUE, Trustee; LYNN SETO; ) BING SETO; et al. ) ) Cross-Defendants. ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C09-3923 BZ ORDER GRANTING PLAINTIFF'S MOTION TO REMAND Before the court is plaintiff's motion to remand this matter back to state court. Cross-defendants, who removed this action, filed a statement of non-opposition to this motion. 1 Defendants have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 filed no opposition. ORDERED as follows: 1. 2. Good cause appearing, IT IS THEREFORE The motion is GRANTED. This matter is REMANDED to the Alameda County Superior Court and the clerk is directed to transfer this matter to that court for further proceedings. scheduled for November 4, 2009 is VACATED. Dated: October 21, 2009 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-BZCASES\MCCARTHY V. KIM\ORDER REMANDING CASE.wpd The hearing 2

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