BEISEL v. AID ASS'N FOR LUTHERANS

No. SACV 93-1049-GLT.

843 F.Supp. 616 (1994)

Harol BEISEL and Wilma Beisel, Plaintiffs, v. AID ASSOCIATION FOR LUTHERANS, Defendants. And Related Cross-Actions.

United States District Court, C.D. California.

February 9, 1994.


Attorney(s) appearing for the Case

Richard L. Scott, Timothy P. Prince, Wilson, Borror, Dunn, Scott & Davis, San Bernardino, CA, for plaintiffs.

Radcliff, Rose & Frandsen, Richard P. Tricker, Los Angeles, CA, James E. Foden, a member of Pothier & Associates, Santa Ana, CA, for defendants.


ORDER GRANTING PLAINTIFFS' MOTION TO REMAND AND CERTIFYING ORDER FOR INTERLOCUTORY APPEAL

TAYLOR, District Judge.

This case presents a question of first impression in the Ninth Circuit concerning attempted removal after the one-year time limit of 28 U.S.C. § 1446(b). The court construes that time limit strictly, and GRANTS a remand motion based on untimely removal.

I. BACKGROUND

Plaintiffs Harold and Wilma Beisel filed this action...

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