California Court of Appeal

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ClipperJet Inc. v. Tyson, 055491

Affirmed. Defendant attempted to remove the case to federal court but was denied. A second attempt for removal was made by a co-defendant using the exact same motion with just a name change. The federal court again remanded the case back to state court. Defendant took no further action on the case and a default judgment was entered. Defendant sought to set aside the default but was denied. The appeals court held that the second notice of removal was untimely, frivolous and duplicative and held that the state court retained jurisdiction.

Appellate Information

  • Decided
  • Published 2019/08/07

Judges

  • Ikola

Court

  • California Court of Appeal

Counsel