Munoz et al v. State of California et al

Filing 13

ORDER granting 11 Motion to Remand to State Court (Certified copy sent to State Court via US Mail Service.). Signed by Judge John A. Houston on 05/22/2023. (bdc)

Case 3:23-cv-00403-JAH-NLS Document 13 Filed 05/22/23 PageID.113 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GREGORIO MUÑOZ, an individual,
ROSA MUÑOZ, an individual,

Case No.: 23-cv-00403-JAH-NLS
ORDER GRANTING JOINT
MOTION TO REMAND TO STATE
COURT

Plaintiffs,
v.
STATE OF CALIFORNIA, et al.,
Defendants.

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(ECF No. 11).

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On October 6, 2022, Plaintiffs Gregorio Muñoz and Rosa Muñoz filed a complaint

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in the Superior Court of California, County of San Diego against Defendants State of

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California, the California Department of Transportation, and U.S. Customs and Border

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Protection.1 (“”Compl.”, ECF No. 1-2). The action was subsequently removed to this

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Court on March 3, 2023. (ECF No. 1).

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Plaintiffs’ Complaint names the State of California, California Department of
Transportation, and U.S. Customs and Border Protection as three individual defendants,
while Plaintiffs’ latest filing names the State of California, acting by and through the
Department of Transportation as a single defendant. (See ECF No. 11 at ¶ 2).
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23-cv-00403-JAH-NLS

Case 3:23-cv-00403-JAH-NLS Document 13 Filed 05/22/23 PageID.114 Page 2 of 2

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On May 19, 2023, Plaintiffs voluntarily dismissed Defendant U.S. Customs and

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Border Protection, (ECF No. 9), and Plaintiffs and the remaining Defendant filed a joint

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motion, captioned as a joint stipulation, 2 to remand the action back to state court. (ECF

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No. 11). Upon consideration of the motion, IT IS HEREBY ORDERED that the joint

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motion is GRANTED, and the action is remanded to the Superior Court of California,

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County of San Diego as Muñoz v. California Department of Transportation et. al, Case

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No. 37-2022-00040197-CU-PO-CTL.

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IT IS SO ORDERED.
DATED: May 22, 2023

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_________________________________
JOHN A. HOUSTON
UNITED STATES DISTRICT JUDGE

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“Any stipulation for which court approval is sought must first be filed as a ‘joint
motion.’” CivLR 7.2.b.
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23-cv-00403-JAH-NLS