Miguel Romero v. Carpenter Co.

Good Law
United States District Court, Central District of CaliforniaNovember 25, 20195:19-cv-02033California454 words

Opinion

Trial Court Opinion

CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA

CIVIL MINUTES - GENERAL

Case No. EDCV 19-2033-GW-SHKx Date November 25, 2019 Title Miguel Romero v. Carpenter Co., et al.

Present: The Honorable GEORGE H. WU, UNITED STATES DISTRICT JUDGE Javier Gonzalez None Present Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None Present

PROCEEDINGS (IN CHAMBERS): ORDER GRANTING MOTION TO REMAND;

VACATING HEARING; REMANDING ACTION TO

STATE COURT

A motion to remand is set for hearing in this matter on Monday, December 2, 2019. That hearing is vacated, see C.D. Cal. L.R. 7-15, the motion is granted in part, and the matter is remanded to Riverside County Superior Court. Carpenter Co. (“Defendant”) has not met the high standard necessary to satisfy the Ninth Circuit’s fraudulent joinder test. Consequently, the parties in this action are not completely diverse, and there is no basis for this Court’s subject matter jurisdiction. In brief, even if the allegations Miguel Romero (“Plaintiff”) has presently pled against non- diverse…

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