Gram
Ashley 2012 Family Trust v. Gram
Opinion
Trial Court Opinion
I. BACKGROUND
8 The documents attached to Defendant’s notice of removal reflect that a complaint for 9 unlawful detainer was filed against Defendant and Does 1- 10 for unlawful detainer of premises 10 in Gold River, California, which is located in the County of Sacramento, for an amount not 11 exceeding $10,000. (Id. at 7). Counsel for the Plaintiff is identified as Laurie Li, with a firm 12 address listed in Concord, California. (Id.). 13 The notice of removal states that “[f]ederal question exists because Defendant’s Answer, a 14 pleading depend on the determination of Defendant’s rights and Plaintiff’s duties under federal 15 law.” (Id. at 2). II. FAILURE TO FILE PROOF OF NOTICE OF REMOVAL Under 28 U.S.C. § 1446, a defendant may remove an action from state to federal court if various requirements are met. Among them is the following requirement: Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no…