Palestini

ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND

I. Introduction

Plaintiffs have filed a motion to remand this matter to state court. They argue that the Court lacks subject matter jurisdiction because the first amended complaint adds new Defendants that defeat complete diversity. Defendants have filed motions to dismiss and to strike. Because the motion to remand pertains to the Court’s jurisdiction, the Court addresses that motion first. The Court grants Plaintiffs’ motion to remand and denies Defendants’ motions as moot.

II. Background

On July 14, 1999, Plaintiffs filed a form complaint in California Superior Court alleging fraudulent concealment and unfair business practices under the California Business and Professions Code. The complaint names as Defendants two of Plaintiff Louie Palestini’s former employers — General Dynamics and Hughes Missiles Systems — and “Does 1 to 20.” In the complaint, Plaintiffs allege that General Dynamics, Hughes, and the Doe Defendants knowingly exposed employees to dangerous carcinogens while fraudulently concealing the health hazards. As a result, Louie Palestini allegedly contracted cancer. The complaint consists of a court-authorized form…