Inong D.D.S. v. Protective Life Insurance Company

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MAYWELL INONG D.D.S., Plaintiff, No. C 23-03595 WHA

v.

PROTECTIVE LIFE INSURANCE ORDER DENYING PLAINTIFF'S

COMPANY, MOTION TO REMAND TO STATE

COURT

Defendant.

INTRODUCTION In this disability insurance action, plaintiff insured moves to remand to state court. The basic issue is whether joinder of a non-diverse defendant in a state court action defeats removal after the state court’s severance of that defendant. This order holds removal is proper. STATEMENT Plaintiff filed this action in state court against two named defendants: Protective Life Insurance Company, a diverse defendant, and the Commissioner of the California Department of Insurance, an in-state defendant. Protective moved to sever plaintiff’s claim against the Commissioner from plaintiff’s other claims. The state court did so in a June 21, 2023 order, 24 leaving only the diverse plaintiffs in this action.…