Boon

PLAINTIFF’ S MOTION TO REMAND

I. INTRODUCTION

This action arises out of defendant Allstate Insurance Company’s (“Allstate”) al legedly wrongful refusal to defend and indemnify ■ Milagro Rivera against claims that are contended to be actually or potentially covered under an insurance policy issued by Allstate to plaintiff Milagro Rivera and her husband, Reynaldo Rivera. Plaintiffs Donald Boon, Crystal Boon, and Milagro Rivera initiated this action in Los Angeles County Superior Court on May 13, 2002, naming as defendants Allstate Insurance Group, Allstate Insurance Company, Allstate Personal & Casualty Company, and Ronald A. Schmidt. On June 28, 2002, Allstate timely removed the action to this Court on the basis of diversity of citizenship alleging that all of the plaintiffs are California citizens, and that defendant Allstate is incorporated in and has its principal place of business in Illinois, and is the only real defendant. Allstate alleges in its Notice of Removal that only its citizenship should be considered in determining whether this case should be remanded because “Allstate Insurance Group” and “Allstate Personal & Casualty Company” do not exist and are therefore…