The Clorox Company v. The United States District Court for the Northern District of California, Carol Stower, Real Party

Clorox Company (“Clorox”) petitions for a writ of mandamus requiring the district court to vacate its order remanding this action to the state court from which it was removed. The previous opinion of this court, reported at 756 F.2d 699 (9th Cir. 1985), denying the petition for a writ of mandamus is hereby withdrawn and replaced by this opinion. We grant Clorox’s petition for rehearing but find it unnecessary to hold a second round of oral argument. On the limited facts of this case, we construe the petition for a writ of mandamus as a notice of appeal and reverse the district court.

FACTS AND PROCEEDINGS BELOW

Carol Stower, a participant in Clorox’s employee welfare benefit plan, filed the underlying action against Clorox in Alame-da County (California) Superior Court. Stower’s complaint asserted several claims: loss of salary and benefits due to wrongful termination, misrepresentation of intent to pay disability benefits, negligent administration of Clorox’s employee benefit plan, and malicious conduct in terminating her employment and benefits. Clorox removed the action to federal court under 28 U.S.C. §§ 1331 and 1441(a). Clorox predicated its removal on the existence of a…