Kris Kenny v. Wal-Mart Stores, Inc.

OPINION

M. SMITH, Circuit Judge:

Defendants Wal-Mart Stores, Inc. and Wal-Mart Associates, Inc. (collectively, Wal-Mart) appeal from the district court’s order remanding Plaintiff Kris Kenny’s (Kenny) putative class action to California state court. In a four-sentence minute order, the district court remanded the case sua sponte, stating summarily that Wal-Mart waived its. right to remove by filing a demurrer in state court prior to removal.

We disagree, and hold that the district court erred on two grounds. First, the district court exceeded its statutory authority in remanding sua sponte based…