Moore
Moore v. Kaiser Foundation Hospitals, Inc.
Opinion
Opinion
Walker, J.
ORDER AWARDING ATTORNEY FEES
This medical malpractice case has been remanded to state court. Plaintiffs move for an award of attorney fees pursuant to 28 U.S.C. Section 1447 (c). As amended in November 1988, § 1447(c) provides: “An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal.” This order is an addition to and modification of the order issued in this case on February 25, 1991.
I. BACKGROUND
On February 25, 1991, the court remanded this action. The court concluded that defendants had waived their right to remove primarily because defendants had previously sought to transfer the case from Alameda County Superior Court to San Ma-teo County Superior Court rather than removing directly to federal court and had made certain substantive motions in state court in related matters before removing.
Plaintiffs argue that their requested award of fees is proper upon remand, even if the removal was not frivolous or in bad faith. Further, even if a bad faith showing were required, plaintiffs argue that defendants’ forum shopping “after first ‘testing the waters' of the state court" is evidence…