Chun
Chun v. Uwajimaya, Inc.
Opinion
Lead Opinion
MEMORANDUM **
In Soo Chun appeals pro se the district court’s summary judgment for Uwajimaya, Inc. and denial of his motion to remand the removed action to state court. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the denial of a motion for remand de novo. Brennan v. Southwest Airlines Co., 134 F.3d 1405, 1409 (9th Cir.1998), amended by 140 F.3d 849 (1998). We also review summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We affirm.
The district court properly denied Chun’s motion for remand because Uwajimaya filed its notice of removal within 30 days of being properly served with process. See 28 U.S.C. § 1446 (b); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 354 , 119 S.Ct. 1322 , 143 L.Ed.2d 448 (1999).
The district court properly dismissed Chun’s employment discrimination claims as untimely because Chun failed to personally serve Uwajimaya with process within 90 days of fifing his complaint, as required by Washington state law. See Wash. Rev. Code § 4.16.170 (filing of complaint temporarily tolls statute of limitations if plaintiff properly serves defendant with summons within 90 days); id. §…