Fisher

Fisher v. Paul Revere Insurance Group

Good Law
55 F. App'x 412
United States Court of Appeals for the Ninth CircuitDecember 31, 2002No. 01-16617; D.C. No. CV-99-00627-PJH/MEJCalifornia772 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Arthur E. Fisher raises two issues on appeal. First, he contends that the District Court erred in denying his request for a remand to state court after the Defendants removed the case to federal court on the basis of diversity of citizenship. Second, he contends that the District Court abused its discretion when it failed to grant him a discretionary jury trial. Because the parties are familiar with the facts and the procedural history, they are not recited here. For the reasons discussed below, we affirm both of the District Court’s decisions.

I. Denial of Motion for Remand to State Court

Fisher alleges that the District Court erred when it denied his request for a remand to state court on the basis that the California resident Fisher named in his complaint, Bob Silverman, was fraudulently joined. We review the District Court’s denial of Fisher’s request for a remand to state court de novo. Ritchey v. Upjohn Drug Co., 139 F.3d 1313, 1315 (9th Cir. 1998). The factual findings underlying the District Court’s decision are reviewed for clear error. Kruso v. Int’l Tel. & Tel., 872 F.2d 1416 , 1421 (9th Cir.1989).

In order for diversity jurisdiction to be…

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