Olarte
Olarte v. Neale
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIA MAGDALENA OLARTE, Case No. 24-cv-02021-AMO
Plaintiff,
ORDER GRANTING MOTION TO
v. REMAND
SERGEY BRIN, et al., Re: Dkt. No. 34 Defendants.
12 Lance Maclean died in a plane crash off the California coast on May 20, 2023. ECF 1-3 ¶¶ 1, 30-34. His remains, and the aircraft wreckage, now lie within the Greater Farallones National Marine Sanctuary. Id. ¶ 3. Maclean’s surviving spouse – Maria Magdalena Olarte – seeks to recover his remains, among other relief, and commenced this action in Santa Clara Superior Court on February 8, 2024. ECF 1-1. The claims in the operative first amended complaint are: (1) tortious interference with a dead body, (2) wrongful death, (3) survival, (4) mandatory injunction, (5) products liability, and (6) conversion. ECF 1-3 ¶¶ 128-207. On April 3, 2024, Defendants removed the case to this Court, claiming that Olarte’s state law claims raise substantial disputed federal questions sufficient…