McAnally
McAnally Enterprises, Inc. v. McAnally
Opinion
Opinion
Timlin, J.
ORDER GRANTING PLAINTIFF’S MOTION TO REMAND THE ACTION TO STATE COURT
The Court, the Honorable Robert J. Timlin, has read and considered Plaintiff McAnally Enterprises, Inc. (“Plaintiff’)’s motion to remand, Defendant Patricia A. McAnally (“Defendant”)’s opposition to motion to remand, and Plaintiffs reply papers. Based on such consideration, the Court concludes as follows:
I.
BACKGROUND
This complaint was originally filed in the Superior Court of the State of California in and for the County of San Bernardino (“state court”) on February 27, 1998 against Larry McAnally (“McAnally”) and Does 1 through 50 for breach of a promissory note (Case No. SCV 45680). Plaintiff is a California corporation. McAnally was a shareholder of Plaintiff, and he used his shares as collateral to obtain promissory notes from Plaintiff. On July 17, 1998, Plaintiff served McAnally with the summons and complaint.
On September 18, 1998, McAnally responded to Plaintiffs complaint by filing a demurrer and cross-complaint. The state court overruled McAnally’s demurrer. On December 15, 1998, McAnally initiated a separate action in the same state court (Case No. SCV 53549), seeking to enjoin Plaintiff from…