Cardinale et al v. Allied Packing and Supply Inc. et al

Filing 42

AMENDED ORDER GRANTING MOTION TO REMAND TO ALAMEDA COUNTY SUPERIOR COURT. Signed by Judge Vince Chhabria on 8/17/2015. (knm, COURT STAFF) (Filed on 8/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAMELA M. CARDINALE, et al.,

Case No. 15-cv-03385-VC

Plaintiffs,
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v.

AMENDED ORDER GRANTING
MOTION TO REMAND

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GEORGIA PACIFIC CORPORATION, et
al.,

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United States District Court
Northern District of California

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Defendants.

Re: Dkt. No. 26

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The Cardinales' motion to remand is granted. Basco Drywall, a California corporation, is a

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non-diverse defendant in the state court action, and therefore removal was improper and this Court

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does not have subject matter jurisdiction.

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The defendants' sole argument for removal is that on July 21, 2015, while appearing before

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Judge Seligman in Alameda County Superior Court, the Cardinales abandoned any claims against

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Basco Drywall – thus creating complete diversity – when their counsel confirmed with Judge

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Seligman and with defense counsel that the Cardinales were proceeding to trial against only three

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of the named defendants (which did not include Basco Drywall). But there is no indication that

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the Cardinales intended to dismiss their claims against Basco Drywall, and it is far from clear how

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counsel's confirmation that there were only three trial defendants affected the status of Basco

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Drywall as a party defendant. Cf. Palmer v. Pneumo Abex, LLC, No., 2010 WL 1029480, (N.D.

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Cal. Mar. 18, 2010). The absolute best that can be said of the defendants' argument is that it there

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is some doubt about the status of Basco Drywall in the state court action. But "[w]here doubt

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regarding the right to removal exists, a case should be remanded to state court." Matheson v.

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Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003).

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The case is remanded to the Alameda County Superior Court.

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IT IS SO ORDERED.
Dated: August 17, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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