UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 13, 2009
BRENNTAG PACIFIC, INC., PLAINTIFF,
FARWEST FREIGHT SYSTEMS, GERALD HOLT, AND DOES 1 THROUGH 30, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: The Honorable George W. Wu U.S. District Judge
ORDER TO REMAND ACTION TO STATE COURT
Complaint Filed: 1/14/09
Assigned to District Judge George W. Wu and Discovery Magistrate Judge Paul L. Abrams
TRIAL: None Set
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
Pursuant to 28 U.S.C. Section 1445(c) entitled "Nonremovable actions," this action arises under the worker's compensation laws of the State of California and should not have been removed to federal court. Section 1445(c) states: "A civil action in any State court arising under the workers' compensation law of such state may not be removed to any district court of the United States."
The Court hereby orders that the action shall be remanded back to the State court, specifically to the Los Angeles Superior Court, Norwalk Courthouse, where the action was originally filed on January 14, 2009 and assigned Case No. VC052580.
PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within action; my business address is 505 North Brand Boulevard, Suite 1100, Glendale, California 91203.
On April 10, 2009, I served the following document(s) described as [PROPOSED] ORDER TO REMAND ACTION TO STATE COURT on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows:
SEE ATTACHED LIST BY MAIL: I am "readily familiar" with Wood, Smith, Henning & Berman's practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at Glendale, California, on that same day following ordinary business practices.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made.
Executed on April 10, 2009, at Glendale, California.
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