TAYLOR v. WAL MART ASSOCIATES INC (2018)

United States Court of Appeals, Ninth Circuit.

Gina TAYLOR, Plaintiff - Appellee, v. WAL-MART ASSOCIATES, INC., a Delaware corporation, Defendant - Appellant.

No. 17-56218

Decided: December 13, 2018

Before: IKUTA and N. R. SMITH, Circuit Judges, and STEEH,** District Judge.

Joseph Mark Lovretovich, Esquire, Attorney, JML Law, Woodland Hills, CA, for Plaintiff - Appellee Daniel F. Fears, Trial Attorney, Andrew Keith Haeffele, Esquire, Payne & Fears LLP, Irvine, CA, for Defendant - Appellant

MEMORANDUM ***

The district court remanded this action sua sponte based upon a perceived procedural shortfall, despite the fact that the court acknowledged it had diversity jurisdiction, the amount in controversy exceeded the jurisdictional amount, and Plaintiff did not file a motion to remand. Plaintiff does not challenge the appeal of the district court order. The district court “exceeded its authority under 28 U.S.C. § 1447(c) by remanding sua sponte based on a non-jurisdictional defect.” Corona-Contreras v. Gruel, 857 F.3d 1025, 1030 (9th Cir. 2017). See also Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786, 789-90 (9th Cir. 2018) (“[T]he district court exceeded its statutory authority in remanding sua sponte on a non-jurisdictional ground, and its order warrants reversal for this reason alone.”). VACATED AND REMANDED.

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