Malgesini
Malgesini v. Malley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
THOMAS MALGESINI,
Case No. 5:20-cv-07002-EJD Plaintiff, ORDER GRANTING PLAINTIFF’S v. MOTION FOR REMAND 10 GREGORY MALLEY, Re: Dkt. No. 15 11 Defendant.
Plaintiff Thomas Malgesini moves to remand this action to Santa Clara County Superior Court and for costs and expenses, including attorney’s fees, for improper removal. Mot. to Remand, Dkt. No. 15. Defendant Gregory Malley opposes the motion. Also before the Court are Defendant Malley’s motion to dismiss, Dkt. No. 8, and motion to strike, Dkt. No. 14. Pursuant to Civil Local Rule 7-1(b), this Court finds these motions suitable for consideration without oral argument. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court GRANTS Plaintiff Malgesini’s motion to remand and DENIES as moot Defendant Malley’s motions to dismiss and strike. I. …