Ascentium Capital, LLC v. Tarzana Medical Urgent Care

• Court: District Court, C.D. California
• Decided: July 1, 2022
• Docket: 2:22-cv-04364
• Status: Unknown

Opinion

Case 2:22-cv-04364-RGK-PLA Document Filed 07/01/22 Page1of1 Page ID #:625

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JS6 CIVIL MINUTES - GENERAL Case No. 2:22-cv-04364-RGK-PLA Date July 1, 2022 Title Ascentium Capital, LLC v. Tarzana Medical Urgent Care et al

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE Joseph Remigio Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendant: Not Present Not Present Proceedings: (IN CHAMBERS) Order Remanding Action to State Court

On June 26, 2022, Defendants removed this action on diversity jurisdiction grounds (28 U.S.C. § 1332). (See Notice of Removal, ECF No. 1.) In their notice of removal, Defendants state that they are citizens of California. (/d. 23, 24.) Title 28 U.S.C. § 1441(b)(2) provides that a case may not be removed on diversity grounds if any defendant is a citizen of the State in which the action is brought. Violation of “this rule is a watvable defect in the removal process that cannot form the basis for a district court’s swa sponte remand order.” Lively v. Wild Oats Mkts., Inc., 456 F.3d 933, 936 (9th Cir. 2006). But here, Plaintiff has not waived this defect. Instead, Plaintiff filed a request and a separate motion to remand the case. (See ECF Nos. 7, 10.) The Court hereby GRANTS Plaintiff's request (ECF No. 7), DENIES Plaintiff's motion (ECF No. 10) as moot, and REMANDS the action to state court for all further proceedings.

IT IS SO ORDERED. ce: Superior Court of California County of Los Angeles, 21STCV34431

Initials of Preparer jre/k

CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1