Boris Sandoval v. Costco Wholesale Corporation

Summary

The United States District Court for the Central District of California remanded the action to Los Angeles County Superior Court. The court held that Costco’s bare notice of removal, which was not accompanied by the state court pleadings required by 28 U.S.C. § 1446(a), failed to establish federal subject matter jurisdiction.

Holdings

1. A bare notice of removal unaccompanied by the documents required under 28 U.S.C. § 1446(a) does not satisfy the removing party's burden to establish subject matter jurisdiction.

Questions Presented

1. Whether the federal court had an adequate basis to exercise subject matter jurisdiction when the defendant's notice of removal was unaccompanied by the state-court pleadings required by 28 U.S.C. § 1446(a).
2. Whether the action should be remanded to state court because the removing defendant failed to establish federal jurisdiction and comply with the removal filing requirements.

Disposition

remanded