Duncan
Duncan v. State Farm Mutual Automobile Ins. Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAVEN DUNCAN, No. 2:18-cv-01174-KJM AC Plaintiffs, Vv. ORDER STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY, etal., Defendants. 17 18 In this insurance coverage case, plaintiff moves to remand on the basis that the amount in controversy does not meet the jurisdictional minimum. For the reasons below, the court DENIES the motion. 22 I. LEGAL STANDARD A motion to remand is the proper procedure to challenge a removal based on lack 24 of jurisdiction. See 28 U.S.C. § 1447(c). Removal is only proper when (1) the case presents a 25 1 “A motion to remand the case on the basis of any defect other than lack of subject matter 27 jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter 28 jurisdiction, the case…