Legal Opinion
Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance Company
Court of Appeals for the Ninth Circuit
Decided October 14, 2003No. 02-55724PublishedCited by 828 opinions
1Opinion of the Court
MARTONE, District Judge.
We are asked to decide whether the federal removal statute, 28 U.S.C. § 1447(c), allows the district court to remand a case sua sponte for a non-jurisdictional defect in procedure. We hold that it does not.
I
Kelton Arms Condominium Association, Inc. (Kelton), filed an action on December 28, 2001, in the Superior Court of California against Homestead Insurance (Homestead), alleging breach of contract and bad faith. Kelton served its complaint on Homestead on March 8, 2002. Homestead removed the case on March 28th. Homestead did not identify the service date in the…
2Cases cited9 opinions
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Sparta Surgical Corp. v. National Ass'n of Securities Dealers, Inc.Court of Appeals for the Ninth Circuit · 1998
- In the Matter of Continental Casualty CompanyCourt of Appeals for the Seventh Circuit · 1994
- In Re Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1993
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3Cited by828 opinions
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- Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
- Andrew Smith v. Mylan Inc.Court of Appeals for the Ninth Circuit · 2014
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