Smith v. Smith

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KIMBERLEE A SMITH, Case No. 21-cv-08691-TSH

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND

JUSTIN J SMITH, Re: Dkt. No. 6 Defendant.

12 Plaintiff Kimberlee Smith brought this case in Sonoma County Superior Court against her son, Defendant Justin Smith, related to student loans taken out by Kimberlee for Justin’s education. Justin removed the case to this Court, and Kimberlee now moves to remand. ECF No. 6. She also seeks attorney’s fees incurred as a result of the removal. Justin has filed a statement of non-opposition, stating he found the authorities cited by Kimberlee in her motion to remand “persuasive.” ECF No. 11. As the motion is unopposed, the Court GRANTS Kimberlee’s motion to remand this action to the Sonoma County Superior Court. As to Kimberlee’s request for attorney’s fees, district courts have wide discretion regarding whether to award attorney fees in an order to remand. See Moore…