Charlin
Charlin v. Allstate Insurance
Opinion
Opinion
Collins, J.
ORDER RE: MOTION TO REMAND
Plaintiffs motion for remand was submitted for decision on May 28, 1998. After reviewing the materials submitted by the parties and the case file, it is hereby ORDERED that Plaintiffs motion to remand is DENIED.
I. Factual and Procedural Background
Plaintiff makes the following allegations relevant to the instant Motion to Remand:
Celia Charlin (“Plaintiff’) was the named insured under an automobile policy issued by Allstate Insurance Company (“Defendant”) through Donoyan Insurance Agency (“Do-noyan”). Complaint ¶ 6. Plaintiff never signed a waiver of uninsured motorist (“UM”) coverage. Complaint ¶ 6. On May 11,1997, Plaintiff was involved in an accident with an uninsured motorist. Complaint ¶ 8. Defendant subsequently denied Plaintiffs claims for UM benefits under the Allstate policy. Complaint ¶ 10.
On March 27, 1998, Plaintiff commenced this action against Defendant and Donoyan in Los Angeles County Superior Court. On May 5, 1998, Defendant and Donoyan removed the case to federal court. On May 15, 1998, the Court issued an Order to Show Cause (“OSC”), in part, to determine whether Plaintiff fraudulently joined Donoyan as a defendant. In response…