Summary
The United States District Court for the Central District of California grants Marinaj Properties LLC’s motion to remand a quiet title action to Riverside County Superior Court. The court concludes that Defendant Kevin Realworldfare’s removal was untimely under 28 U.S.C. § 1446 and denies the request for attorney’s fees. The court also denies the remaining pending motions as moot and vacates the scheduled hearing.
Holdings
- The removal was untimely because Defendant received the complaint no later than March 22, 2025, but did not remove the action until June 10, 2025, well after the 30-day period expired.
- Plaintiff was not awarded attorney's fees under 28 U.S.C. § 1447(c).
Questions Presented
- Whether Defendant's removal of the state-court quiet title action was timely under 28 U.S.C. § 1446.
- Whether the action should be remanded to state court because the removal was untimely.
- Whether Plaintiff was entitled to attorney's fees under 28 U.S.C. § 1447(c) after remand.
Disposition
remanded
Cases Cited (10)
- Moore-Thomas v. Alaska Airlines, Inc., 553 F.3d 1241, 1244 (9th Cir. 2009)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- Harris v. Bankers Life and Cas. Co., 425 F.3d 689, 694 (9th Cir. 2005)(followed)
- Harris v. Cnty. of Orange, 682 F.3d 1126, 1132 (9th Cir. 2012)(followed)
- Prado v. Dart Container Corp. of California, 373 F. Supp. 3d 1281, 1285–86 (N.D. Cal. 2019)(followed)
- Jakuttis v. Allstate Indem. Co., No. EDCV 15-0624 JGB (KKx), 2015 WL 3442083, at *2 (C.D. Cal. May 27, 2015)(followed)
- Fristoe v. Reynolds Metals Co., 615 F.2d 1209, 1212 (9th Cir. 1980)(followed)
- Moore v. Permanente Medical Group, Inc., 981 F.2d 443, 447 (9th Cir. 1992)(followed)
- Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005)(followed)
- Gardner v. UICI, 508 F.3d 559, 561 (9th Cir. 2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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