Another Botched Attempt At Removal to Federal Court

The court remanded this case to the state court because the requirements for removal were not met. First, the amount in controversy was $10,000, far less than the $75,000 required for diversity jurisdiction. Second, all the parties appear to be California citizens so there was no diversity of citizenship. Because there was no basis for federal jurisdiction, the court remanded the case to the state court. 28 USC § 1447(c), which provides “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.”

via PACIFIC URBAN RESIDENTIAL LLC v. Smith, Dist. Court, ND California 2018 – Google Scholar

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s