Masoumeh Kabiri Sharifi v. Stoneledge Furniture LLC

Case 8:22-cv-01064-CJC-KES Document Filed 07/07/ Page 1 of Page ID #:167

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. SACV 22-01064-CJC (KESx) Date: July 7, 2022

Title: MASOUMEH KABIRI SHARIFI V. ASHLEY HOMESTORE, ET AL.

PRESENT:

HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Rolls Royce Paschal N/A Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS) ORDER GRANTING PLAINTIFF’S

MOTION TO REMAND AND REMANDING CASE TO ORANGE COUNTY

SUPERIOR COURT [Dkt. 8]

Plaintiff Masoumeh Kabiri Sharifi moves to remand this action to Orange County Superior Court on the ground that Defendant’s Notice of Removal was not based upon the allegations in his operative complaint but on Plaintiff’s initial complaint which omitted a non-diverse defendant in this case. Federal “circuits have unanimously and repeatedly held that whether remand is proper must be ascertained on the basis of the pleadings at the time of removal.” Broadway…