Cardinale v. Miller et al
Filing
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ORDER TRANSFERRING CASE. Signed by Judge Lucy H. Koh on 10/9/2012. (lhklc2, COURT STAFF) (Filed on 10/9/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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NOREEN CARDINALE,
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Plaintiff,
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v.
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DANIEL R. MILLER JR.; PATRICE MILLER; )
DANIEL R. MILLER SR.; PASHLIN INC.;
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DERALD R. KENOYER; KEITH CHARLES )
KNAPP; HOME LOAN SERVICES
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CORPORATION dba CALIFORNIA HOME
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LOANS; and DOES 1 through 100, inclusive, )
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Defendants.
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Case No.: 12-05078-LHK
ORDER TRANSFERRING CASE
On September 28, 2012, Defendant Keith Charles Knapp (“Knapp”) filed a Notice of
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Removal from Contra Costa County Superior Court. ECF No. 1. However, 28 U.S.C. § 1446(a)
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requires that a defendant “desiring to remove any civil action from a State court shall file in the
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district court of the United States for the district and division within which such action is pending a
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notice of removal. . . .” (emphasis added). As explained in Civil Local Rule 3-2(d), Contra Costa
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County corresponds to the Oakland division of the Northern District of California, not the San Jose
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division. Knapp argues in his notice of removal that because the Plan at issue in this lawsuit is
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housed in and administered from San Jose, the action is properly removed here. While it may be
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that the action could properly have been filed in this division as an original matter, 28 U.S.C. §
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1446(a) clearly requires that removal be to the division within which the existing state court action
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Case No.: 12-CV-05078-LHK
ORDER TRANSFERRING CASE
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is pending. Accordingly, removal from Contra Costa County Superior Court to the San Jose
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division is improper. The Court hereby orders this case TRANSFERRED to the Oakland division.
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IT IS SO ORDERED.
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Dated: October 9, 2012
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_________________________________
LUCY H. KOH
United States District Judge
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United States District Court
For the Northern District of California
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Case No.: 12-CV-05078-LHK
ORDER TRANSFERRING CASE
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