Joseph A. Seedman v. United States District Court For The Central District Of California

837 F.2d 413 Joseph A. SEEDMAN, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent, and Empire of America, a Federal Savings Association, et al., Real Parties in Interest. No. 87-7098. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1987. Decided Jan. 21, 1988. Michael A. Vanic, Goldman & Vanic, Los Angeles, Cal., for petitioner. Robert P. Baker, Jeffer, Mangels & Butler, Los Angeles, Cal., for respondent. On Petition for Writ of Mandamus from the United States District Court for the Central District of California. Before BROWNING, Chief Judge, PREGERSON and ALARCON, Circuit Judges. PER CURIAM: 1 On July 7, 1986, Joseph Seedman filed this action in California Superior Court against multiple defendants alleging eight causes of action including a federal RICO claim based primarily on breach of an agreement to buy certain assets. On October 6, 1986, defendants removed the complaint to federal court. 2 On November 6, 1986, the district court sua sponte remanded the case to state court on the ground that the removal petition was untimely. One month later, respondents filed a second removal petition claiming the…