Thomason
Thomason v. Republic Insurance
Opinion
Opinion
Ramirez, J.
ORDER
On March 10, 1986, the above-entitled matter came on regularly for hearing before the undersigned on plaintiffs’ motion for remand to state court. E.R. Williams, Esq., appeared as counsel for plaintiffs, .PRANK THOMASON and MARKETTA THOMASON. Martin M. Eisenberg, Esq., appeared as counsel for defendant, REPUBLIC INSURANCE COMPANY. Having read and considered the briefs and arguments presented by respective counsel, the court herein renders the following ruling:
PROCEDURAL AND FACTUAL BACKGROUND
On October 8, 1985, the original complaint in the underlying action was filed in the Municipal Court of the State of California, County of San Joaquin, Stockton Judicial District, bearing case No. 130085. From said complaint, it appears as follows: a fire caused damage to plaintiffs’ residence. Plaintiffs filed a claim for the damage with defendant, their insurer. Alleging that defendant refused to pay them in full for the damage, plaintiffs sued defendant for breach of contract.
Plaintiffs served “the local Stockton agent of defendant” with the summons and complaint on October 8, 1985. It is uncontested that this service of process was improper because “the local Stockton agent”…