Gilbert Yniques Angel Diaz Carl S. Ramos John Balderama Tony L. Hernandez v. Victor G. Cabral Mario G. Obledo

The district court dismissed plaintiff Gilbert Yniques’ lawsuit after defendant Victor Cabral removed the case from state court and Yniques joined Cabral’s law partner as a defendant, and subsequently declined to reconsider its order. Yniques argues that 28 U.S.C. § 1447 (e) requires a district court to remand a complaint to state court where the plaintiff has joined a non-diverse defendant to the action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand with instructions to remand the case to state court.

I

On October 19, 1989, Gilbert Yniques filed this lawsuit against his former attorney Victor Cabral in the Superior Court of California in and for Kern County. Yniques’ complaint alleged that Cabral breached a contract to represent Yniques on a claim against a federal agency and to file a tort suit against the United States government. The complaint also alleged that Cabral negligently performed his professional services. Cabral removed the case to the federal court for the Eastern District of California on January 26, 1990. On October 15, 1990, Yniques moved to amend his complaint to add additional causes of action, expand the original claim, and join…