Simms

Simms v. Balboa Capital Corporation

Good Law
United States District Court, Northern District of CaliforniaJanuary 26, 20233:22-cv-07464California593 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 ADAM SIMMS, et al., Case No. 22-cv-07464-RS Plaintiffs, 11 v. ORDER GRANTING MOTION TO REMAND BALBOA CAPITAL CORPORATION, et al., Defendants.

15 On November 23, 2022, Defendant Experian Information Solutions, Inc. (“Experian”), removed this action from the California Superior Court for the County of Marin. See Dkt. 1. The underlying action avers violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., by Experian and Defendant Balboa Capital Corporation (“Balboa”). Balboa moves to remand on the basis that it did not (and does not) consent to Experian’s removal. This motion is suitable for disposition without oral argument. See Civ. L.R. 7-1(b). The motion is granted. The Notice of Removal indicates that subject matter jurisdiction lies under 28 U.S.C. § 1331, that is, federal question jurisdiction. In an action removed under federal question jurisdiction, “all defendants…

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