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Noreen Cardinale v. Daniel R. Miller Jr.; Patrice

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


October 9, 2012

NOREEN CARDINALE,
PLAINTIFF,
v.
DANIEL R. MILLER JR.; PATRICE MILLER; DANIEL R. MILLER SR.; PASHLIN INC.; DERALD R. KENOYER; KEITH CHARLES KNAPP; HOME LOAN SERVICES CORPORATION DBA CALIFORNIA HOME LOANS; AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER TRANSFERRING CASE

On September 28, 2012, Defendant Keith Charles Knapp ("Knapp") filed a Notice of Removal from Contra Costa County Superior Court. ECF No. 1. However, 28 U.S.C. § 1446(a) 21 requires that a defendant "desiring to remove any civil action from a State court shall file in the 22 district court of the United States for the district and division within which such action is pending a 23 notice of removal. . . ." (emphasis added). As explained in Civil Local Rule 3-2(d), Contra Costa 24

County corresponds to the Oakland division of the Northern District of California, not the San Jose 25 division. Knapp argues in his notice of removal that because the Plan at issue in this lawsuit is 26 housed in and administered from San Jose, the action is properly removed here. While it may be 27 that the action could properly have been filed in this division as an original matter, 28 U.S.C. § 28 1446(a) clearly requires that removal be to the division within which the existing state court action is pending. Accordingly, removal from Contra Costa County Superior Court to the San Jose 2 division is improper. The Court hereby orders this case TRANSFERRED to the Oakland division. 3

IT IS SO ORDERED.

20121009

© 1992-2012 VersusLaw Inc.



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