Guerrero

Guerrero v. General Motors Corp.

Good Law
392 F. Supp. 2d 1133·2005 WL 851011·2005 U.S. Dist. LEXIS 37347
United States District Court, Northern District of CaliforniaApril 13, 2005C 05-01121 JSWCalifornia1,382 words

Opinion

Opinion

White, J.

ORDER GRANTING MOTION TO REMAND AND DISCHARGING ORDER TO SHOW CAUSE

I. INTRODUCTION

This matter comes before the Court upon consideration of Plaintiffs’ Motion to Remand and this Court’s Order to Show Cause to the Defendants as to why this case should not be dismissed for lack of subject matter jurisdiction.

Having considered the parties’ pleadings and relevant legal authority, the Court finds the matter appropriate for decision without oral argument, see Civil Local Rule 7-l(b), and hereby VACATES the hearing set for May 13, 2005. For the reasons set forth in the remainder of this Order, the Court HEREBY GRANTS Plaintiffs Motion to Remand and HEREBY DISCHARGES the Order to Show Cause.

II. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs originally filed this action in San Mateo Superior Court on April 30, 2004, asserting, inter alia, claims for wrongful death and negligence arising out of a car accident that claimed the lives of Michael and Carla Martinez and injured Plaintiffs Jennifer Martinez, Marissa Martinez, Amber Martinez, and Robert Martinez, each of whom are minors, as well as Yolanda Guerrero. Plaintiff Evelyn Goins is the Guardian Ad Litem for the minor plaintiffs.…

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