Azar
Azar v. Lyublina
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NAIFEH AZAR, Case No. 24-cv-03434-AMO
Plaintiff,
ORDER GRANTING MOTION TO
v. REMAND
MARIYA LYUBLINA, et al., Re: Dkt. No. 7 Defendants.
12 This action, originally filed in state court on April 16, 2021, stems from a property-related dispute. ECF 1-2. Defendants Mariya Lyubina and Claudio A. Bluer move to remand the case following its removal to this Court on June 6, 2024. ECF 7 at 3; ECF 13 at 1-2. They argue that the removing defendant, Dean Earl Visso,1 improperly effected removal by failing to obtain consent from all other defendants. Id. The Court agrees. In cases involving multiple defendants, they must all “ ‘join in the application ’ ” for removal. Proctor v. Vishay Intertechnology Inc., 584 F.3d 1208, 1225 (9th Cir. 2009) (quoting Chicago, Rock Island, & Pacific Railway Co. v. Martin, 178 U.S. 245, 248 (1900)). 28 U.S.C. § 1447(c) authorizes a motion to remand a case “on the basis of any defect other…