Matthews Metals Products, Inc. v. RBM Precision Metal Products, Inc.

ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND AND DENYING DEFENDANTS’ COUNTER-MOTION TO DISMISS DEFENDANT STONE

Plaintiffs’ motion to remand this case to state court and defendants’ counter-motion to drop defendant Stone as an improperly joined party were heard on April 30, 1999. The court has read the moving and responding papers and heard oral argument of counsel. For the reasons set forth below, the court grants plaintiffs’ motion to remand and denies defendants’ motion to dismiss defendant Stone.

1. Propriety of Original Removal

Plaintiffs argue that defendant RBM Precision Metal Products, Inc.’s (“RBM”) removal of the action on February 2, 1999 was improper because defendant William Suddath (“Suddath”) did not join in it. All properly served defendants must join in removing a case to federal court pursuant to 28 U.S.C. § 1446 . See Hewitt v. City of Stanton, 798 F.2d 1230, 1232 (9th Cir.1986).

The question in this case is whether Suddath was properly served by a summons and complaint mailed to him on December 21, 1998. Under California law, a summons must substantially comply with the statutory requirements in order for service of it to constitute effective service. See MJS…