United States District Court Order Remanding Case to the Los Angeles Superior Court

We filed lawsuit in the LA Superior Court, Defendant brought a cross-complaint against a third party, and third party cross-defendant gave notice to remove to federal court. We opposed on the grounds that 28 U.S.C. § 1441(a) permits only “the defendant or the defendants” to remove to the federal district court, and Ninth Circuit has held that third-party defendants lack the right to remove. Ciolino v. Ryan, No. C 03-1396 TEH, 2003 U.S. Dist. LEXIS 11639, at *9-10 (N.D. Cal. July 9, 2003). Cross-defendant immediately stipulated to a remand.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.