Michael L. Hust v. Crestbrook Insurance Company
Opinion
Trial Court Opinion
I. Background
This is an action for breach of contract, concerning a homeowner insurance policy between Plaintiff Michael L. Hust and Defendant Crestbrook Insurance Company. (“Defendant” or “Crestbrook”). Notice of Removal (“Notice”) (Dkt. 1), see also Complaint (Dkt. 1–1) ¶ 7–10. Plaintiff alleges that Defendant wrongfully denied Plaintiff’s claim, deviating from Defendant’s treatment of other similar or identical losses. See Complaint at 4.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on January 5, 2023. Compl. On February 17, 2022, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice.
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case Case 8:23-cv-00290-DOC-JDE Document Filed 03/14/ Page 2 of Page ID #:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-00290-DOC-JDE Date: March 14, 2023 Page
from state court to federal court is governed by 28 U.S.C. § 1441, which…