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Charlson v. Carson Helicopters

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 22, 2009

RICHARD CHARLSON, ON BEHALF OF THE ESTATE OF SCOTT CHARLSON; RICHARD CHARLSON, INDIVIDUALLY; NINA CHARLSON, INDIVIDUALLY, PLAINTIFFS,
v.
CARSON HELICOPTERS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

Plaintiffs move to remand this action to state court. The motion is premised on Plaintiffs' contentions that Carson Helicopter Services, Inc. ("CHSI") is a defendant in this action, that removal was defective since CHSI did not join in the removal petition, and that complete diversity is lacking since Plaintiffs and CHSI are citizens of Oregon.

Defendants rejoin that CHSI is not a party in this action since it was not named in the caption of the Complaint, nor the summons. Defendants support this argument citing California Rule of Court 2.111(4), which provides the caption of the Complaint must contain "the name of each party," and California Code of Civil Procedures § 412.20(a)(2), which provides the summons shall contain "the names of the parties to the action."

Plaintiffs have not shown that CHSI is a party in this action; therefore, the motion is denied.


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