Crawford Country Homeowners Ass'n v. Delta Savings & Loan
Opinion
Lead Opinion
Brunetti, J.
The Resolution Trust Corporation (“RTC”) appeals the district court’s remand of the case to California Superior Court. The district court concluded that RTC’s removal was untimely. We reverse.
I
On April 23, 1992, Crawford Country Homeowners Association (“Crawford”) filed suit against Delta Savings and Loan alleging construction defects. On May 7, 1992, Delta was placed in an RTC receivership. Crawford complied with RTC’s request to dismiss its complaint against Delta pending exhaustion of the administrative claims process. On October 8, 1993, RTC denied Crawford’s claim and Crawford re-filed the complaint *1165 which was served upon RTC on March 1, 1994. Neither complaint named the RTC as a party. On March 30, 1994, RTC removed the action to the district court.
II
The remand of a removed case to state court is reviewed de novo. Eyak Native Village v. Exxon Corp., 25 F.3d 773, 777 (9th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 351 , 130 L.Ed.2d 307 (1994), - U.S. -, 115 S.Ct. 778 , 779, 130 L.Ed.2d 673 (1995).
RTC’s ability to remove cases to federal court is governed by the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”), 12 U.S.C.A. § 1441a(l)…