United States Ninth Circuit

Grant of plaintiff's motion to remand in a suit brought against Costco is reversed where the district court had no discretion to remand the claims to state court because, once a case has been properly removed, the district court has jurisdiction over it on all grounds apparent from the complaint, not just those cited in the removal notice. The district court had diversity jurisdiction over the remaining claims.

Appellate Information

• Argued 08/16/2006
• Decided 12/06/2006
• Published 12/06/2006

Judges

• PER CURIAM:, Before: KOZINSKI, O'SCANNLAIN and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kenwood C. Youmans, David D. Kadue & Thomas J. Wybenga, Seyfarth Shaw LLP, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Frank J. Coughlin, Coughlin & Conforti, Santa Ana, CA;  Earl R. Wallace, Ruzicka, Snyder & Wallace, LLP, Newport Beach, CA, for the respondent.