In Re Kendricks

STEPHEN V. WILSON, District Judge.

Plaintiffs Bonnie Thomas and Barbara Jean Haskins ("Plaintiffs") move to remand the matter before the court to Los Angeles County Superior Court on the grounds that (1) removal was improper because the action removed to federal court was not a "civil action" within the meaning of 28 U.S.C. § 1441 (a), and (2) the "probate exception" to federal subject matter jurisdiction applies, which prohibits federal courts from exercising jurisdiction over certain state probate matters. Defendants Artists Rights Enforcement Corporation ("AREC") and Charles Rubin (collectively "Defendants") oppose the motion, arguing that the dispute concerning the validity of the contract is a "civil action" that can be properly removed without removing the entire probate proceeding. Defendants also claim that the probate exception does not apply because the contract dispute would not require the Court to administer the estate and would not involve property currently in the custody of the state probate court. For the reasons set forth below, the Court DENIES Plaintiff's Motion for Remand.

Plaintiffs are co-administrators of the Estate of John Henry Kendricks ("Estate"), a…