Richard R. Spencer v. United States District Court For The Northern District Of California

393 F.3d 867 Richard R. SPENCER, Executor of the Estate of Lindsay C. Spencer and Carmen West, Guardian Ad Litem for Wyley Spencer a minor, Petitioner, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, Altec Industries, Inc., and Does 1-30, jointly and severally, Real Party in Interest. No. 04-72409. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 3, 2004. Filed December 14, 2004. Michael J. Haddad, Oakland, CA, for the petitioner. Jeffrey R. Williams, Bita A. Karabian, Morgenstein & Jubelirer LLP, San Francisco, CA, for the real party in interest. Petition for Writ of Mandamus to the United States District Court for the Northern District of California; Vaughn R. Walker, District Judge, Presiding. D.C. No. CV-02-00849-VRW. Before: REINHARDT, THOMPSON, and BERZON, Circuit Judges. DAVID R. THOMPSON, Senior Circuit Judge: 1 Petitioners seek a writ of mandamus ordering the district court to remand this action to state court. Petitioners argue the district court must remand pursuant to a bankruptcy court's order which petitioners claim requires the district court to abstain from exercising federal jurisdiction. In the…