Castillo v. Castillo

Summary

The United States District Court for the Southern District of California grants the motion to remand Castillo v. Castillo to state court. The court holds that a third-party counterclaim defendant may not remove under 28 U.S.C. § 1441(c), that purported Cross-Defendant Ezra Lemus was not a named party capable of removal, and that the required consent to removal was not obtained. The court denies pending applications to proceed without prepaying fees or costs as moot and orders the case administratively closed.

Holdings

1. A third-party counterclaim defendant may not remove an action under 28 U.S.C. § 1441(c); only a defendant to the original action may invoke the removal authority.
2. A nonparty has no right to remove an action.
3. Removal was improper because Lemus did not obtain the required consent of the cross-defendants against whom federal claims were asserted.

Questions Presented

1. Whether a third-party or cross-claim defendant may remove an action under 28 U.S.C. § 1441(c).
2. Whether a nonparty who has not been properly added as a cross-defendant may remove the action.
3. Whether the removing party obtained the consent required for removal under 28 U.S.C. § 1441(c)(2).

Disposition

remanded