Self v. General Motors Corporation

588 F.2d 655 Thomas L. SELF, Norman Self, and Deborah J. Self, a minor by her guardian ad litem, Thomas L. Self, and Christine Smith, and Frank N. Smith, Jr., Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee. No. 75-1572. United States Court of Appeals, Ninth Circuit. March 30, 1978. Rehearing and Rehearing En Banc Denied Dec. 29, 1978. Wendy Cole Wilner (argued), Ventura, Cal., for plaintiffs-appellants. Richard A. Neumeyer (argued), Grace, Neumeyer & Otto, Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before ELY, CHOY and SNEED, Circuit Judges. CHOY, Circuit Judge: 1 This case comes before us on interlocutory appeal from the district court's denial of a motion to remand the case to state court. We reverse. 2 Appellant Christine Smith, a citizen of California, was one of several plaintiffs 1 who sued General Motors Corporation (GM), a citizen of Michigan and Delaware, and Vern Prior, a citizen of California, in California Superior Court for injuries sustained in an auto accident. Before trial, Smith signed a covenant not to execute judgment against Prior. Upon learning of…