Charlson, et al., v. Carson Helicopters, Inc., et al.,
Filing
36
ORDER signed by Judge Garland E. Burrell, Jr on 01/22/09 DENYING 25 Motion to Remand. (Manzer, C) [Transferred from California Eastern on 5/7/2009.]
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1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiffs, 14 v. 15 CARSON HELICOPTERS, INC., et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 This matter was determined to be suitable for decision without oral argument. L.R. 78-230(h). 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
RICHARD CHARLSON, on behalf of THE ESTATE OF SCOTT CHARLSON; RICHARD CHARLSON, individually; NINA CHARLSON, individually,
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2:08-CV-2756-GEB-KJM ORDER*
Plaintiffs move to remand this action to state court.
The
motion is premised on Plaintiffs' contentions that Carson Helicopter Services, Inc. ("CHSI") is a defendant in this action, that removal was defective since CHSI did not join in the removal petition, and that complete diversity is lacking since Plaintiffs and CHSI are citizens of Oregon. Defendants rejoin that CHSI is not a party in this action since it was not named in the caption of the Complaint, nor the summons. Defendants support this argument citing California Rule of
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Court 2.111(4), which provides the caption of the Complaint must contain "the name of each party," and California Code of Civil Procedures § 412.20(a)(2), which provides the summons shall contain "the names of the parties to the action." Plaintiffs have not shown that CHSI is a party in this action; therefore, the motion is denied. Dated: January 22, 2009
GARLAND E. BURRELL, JR. United States District Judge
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