· 10/14/2003
Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance Company
Citations
- 346 F.3d 1190
- 2003 Daily Journal DAR 11403
- 2003 Cal. Daily Op. Serv. 9085
- 2003 U.S. App. LEXIS 20866
- 2003 WL 22331862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the district court cannot remand sua sponte for defects in removal procedure”
- concluding that because removal “procedural requirements exist primarily for the protection of the parties,” they can be waived.
- holding that the district court erred in remanding the case for procedural defects more than thirty days after removal
- explaining that a district court 5 “must remand” if it lacks subject matter jurisdiction
- holding that untimely removal was a procedural defect
- holding “the district court cannot remand sua sponte for defects in removal procedure”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Silverman, Martone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.