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Ninth Circuit Appeal of United States District Court Sua Sponte Remand to California State Court

Cooper Trust Dtd 10-05-2000 et al. v John L. Parmigiani, United States Court of Appeals for the Ninth Circuit, Case No. 17-55939

United States Court of Appeals for the Ninth Circuit

United States District Court for the Central District of California, Western Division

Superior Court for the County of Los Angeles, Northwest Division, of the Van Nuys Courthouse East


After successful dismissal of two prior FINRA arbitration cases, Plaintiff (California resident) filed a complaint against Defendant (New York resident) in California Superior Court for the County of Los Angeles alleging claims for breach of fiduciary duty, fraudulent and negligent misrepresentation, negligence and breach of contract. Despite defective service of process, Defendant removed the case to the United States District Court for the Central District of California, Western Division, which sua sponte remanded the case to California Superior Court absent any motion to remand by Plaintiff



After successfully overcame order to dismiss or show cause that the Court of Appeals lacks jurisdiction over appeal order remanding to state court for a defect in removal procedure is not reviewable “on appeal or otherwise” under 28 U.S.C. § 1447(d), the appeal was granted that reversed the District Order and remanding the case to federal district court for further proceedings. In addition, over rigorous opposition and without specific applicable statutory authority, through a motion to quash, successfully stayed state court case to minimize defense costs during pendency of appeal. Subsequent to Appeal, dismissal with prejudice.

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