Sondra Scott and Richard Scott v. Albertsons Companies, Inc., et al.

Summary

The United States District Court for the Central District of California granted Plaintiffs' ex parte application to remand the personal injury action to Los Angeles County Superior Court. The court held that removal was improper because the removing defendant failed to obtain or establish consent from all required defendants, including parties who had agreed in principle to settlements but had not been formally settled out of the case.

Holdings

1. Defendants who have only agreed in principle to settlement, without binding written agreements, released claims, or completed payment, are not nominal parties for purposes of the rule of unanimity.
2. When an action is removed solely under 28 U.S.C. § 1441(a), all properly joined and served defendants must join in or consent to removal; failure to establish the required consent makes remand proper.
3. A federal district court must independently determine whether subject matter jurisdiction exists and may raise the issue sua sponte at any point in the litigation.

Questions Presented

1. Whether Chanel, Inc. and Christian Dior Perfumes LLC were nominal parties whose consent to removal was unnecessary because the plaintiffs had agreed in principle to settlement terms with them.
2. Whether removal was improper under the rule of unanimity because Longs failed to obtain or prove the consent of all properly joined and served defendants.
3. Whether the district court should permit Longs an opportunity to cure the alleged consent defect.

Disposition

remanded