Bonal
Bonal v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 DOLORES BONAL, CASE NO. 21-cv-04273-YGR
Plaintiff,
ORDER GRANTING MOTION TO REMAND
vs. Re: Dkt. No. 8 COSTCO WHOLESALE CORP.,
Defendant.
Plaintiff commenced this case in San Mateo County Superior Court on April 21, 2020. (Dkt. No. 1-2 at 8.) Defendant removed the action to federal court on June 4, 2021, on the basis of diversity jurisdiction. (Dkt. No. 1 at 4.) Currently pending is the plaintiff’s motion to remand the case on the basis of defendant’s untimely removal. (Dkt. No. 8.) Having carefully reviewed the papers submitted, the Court GRANTS the motion, DENIES the request therein for attorneys’ fees and costs incurred as a result of the removal, and REMANDS the case back to state court.1 Under 28 U.S.C. Section 1446(b), a notice of removal must be filed within thirty days of the defendant’s receipt of the initial pleading, or, “if the case stated by the initial pleading is not removable,” then the notice of removal must be filed within…