Robert Ashman and Elisa Tarrant v. Bristol Hospice–California, LLC, and Does 1-30

Summary

The United States District Court for the Central District of California granted in part Plaintiffs Robert Ashman and Elisa Tarrant’s motion to remand an action against Bristol Hospice–California, LLC. The court held that the defendant’s three-day-late removal, caused by a calendaring error, was not excused and remanded the case to Riverside County Superior Court. The court also awarded Plaintiffs $5,771.50 in attorneys’ fees and costs under 28 U.S.C. § 1447(c).

Holdings

1. A defendant's calendaring error does not constitute excusable neglect that permits an untimely notice of removal under 28 U.S.C. § 1446(b), and the mandatory thirty-day removal deadline requires remand when timely challenged.
2. Plaintiffs were entitled to reasonable attorney's fees and costs under 28 U.S.C. § 1447(c) because Bristol Hospice lacked an objectively reasonable basis for its untimely removal.

Questions Presented

1. Whether a defendant's calendaring error constitutes excusable neglect permitting an untimely notice of removal.
2. Whether Plaintiffs were entitled to attorney's fees and costs under 28 U.S.C. § 1447(c) because Defendant lacked an objectively reasonable basis for removal.

Disposition

remanded