__[Attorney name]__
__[Address]__
__[Telephone number]__
Attorney for Defendant, __[name]__
UNITED STATES DISTRICT COURT
_ _ _ _ _ _ DISTRICT OF CALIFORNIA
_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s))
vs. )NOTICE OF REMOVAL
)(28 USC 1446)
_ _ _ _ _ _ _ _ _ _ _ _ _ )
Defendant(s))
_________________________ )
TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR
THE __[SPECIFY]__ DISTRICT OF CALIFORNIA; THE
__[MUNICIPAL/SUPERIOR]__ COURT OF THE STATE OF CALIFORNIA FOR THE
COUNTY OF __[SPECIFY]__; PLAINTIFF, __[NAME]__, AND
__[HIS/HER/ITS]__ ATTORNEY(S) OF RECORD:
Defendant, __[name]__, through __[his/her/its]__ attorney(s)
of record, hereby provides notice of removal of this case from
the __[Municipal/Superior]__ Court of the State of California, in
and for the County of __[specify]__ to this Court. This removal
is based on the following grounds: __[Specify grounds]
[#.] By reason of the foregoing, the above-described action
is a civil action which may be removed to this Court by defendant
pursuant to the provisions of __[specify appropriate Code
section(s), e.g., 28 United States Code section 1441(a)-(b)]__
because __[specify, e.g., it is an action arising under the laws
of the United States over which this district court has original
jurisdiction; see Comment for another example]__.
[#.] On the date specified below, a copy of this notice is
being served on plaintiff's attorney and a copy of this notice is
being filed with the clerk of the __[Municipal/Superior]__ Court
for the State of California, County of __[specify]__.
[Add if appropriate]
[#.] All defendants that are required to join in this notice
of removal have joined. Attached as Exhibit _ _ and incorporated
by reference is their joinder in notice of removal.
Date: _ _ _ _ _ _ Respectfully submitted,
[Signature]
_________________________
__[Typed name]__
Attorney for _ _ _ _ _ _ _ _
The following is an example of what might be filled in the form
under the grounds for removal:
1. On the fifth day of March, 1990, an action was
commenced by plaintiff, Jones Investments, against defendant,
Smith Corporation, in the Superior Court of the State of
California in and for the County of Los Angeles, entitled "Jones
Investments, a Texas general partnership, plaintiff, v Smith
Corporation; Does 1 through 100, inclusive, defendants," bearing
Los Angeles Superior Court Case No. _ _ _ _ _ _, by filing a
complaint for breach of contract, fraud, and rescission. A copy
of the complaint is attached as Exhibit 1 and incorporated by
reference.
2. Defendant first received this complaint on March 12,
1990, when John Johnson, attorney of record for plaintiff Jones
Investments, enclosed the summons and complaint with a cover
letter and a notice of acknowledgment and receipt of service
addressed to John A. Apple, Sweet & Apple. The cover letter was
dated March 10, 1990; the envelope was postmarked March 10, 1990,
and was received by Sweet & Apple on March 12, 1990.
3. The complaint alleges that Jones Investments is a Texas
general partnership with its principal place of business located
in the County of Dallas, State of Texas, and that Smith
Corporation is a Delaware corporation with its principal place of
business in the State of New York.
4. Defendant is informed, believes, and alleges that the
general partners of Jones Investments are Al Jones, who is
domiciled in the County of Dallas, State of Texas; Bob Jones, who
is domiciled in the County of Dallas, State of Texas; and Jeff
Brown, who is domiciled in the County of Dallas, State of Texas.
Defendant requests that this Court take judicial notice of the
motor vehicle registration statements of Al Jones, Bob Jones, and
Jeff Brown pursuant to Rule 201(b)(1)-(2) of the Federal Rules of
Evidence. Copies of their motor vehicle registration statements
are attached in the aggregate as Exhibit 2 and incorporated by
reference. Exhibit 2 demonstrates that Jones, Jones, and Brown
reside in the County of Dallas, State of Texas. Defendants also
request that this Court take judicial notice, pursuant to Rule
201(b)(1)-(2) of the Federal Rules of Evidence, of the general
partnership agreement recorded in the County of Dallas, State of
Texas, which demonstrates that Al Jones, Bob Jones, and Jeff
Brown are the general partners of plaintiff Jones Investments. A
copy of the general partnership agreement is attached as Exhibit
3 and incorporated by reference.
5. A copy of the articles of incorporation of Smith
Corporation are attached as Exhibit 4 and incorporated by
reference. Exhibit 4 demonstrates that Smith Corporation is, as
alleged in plaintiff's complaint, a Delaware corporation with its
principal place of business located in the State of New York.
Defendant requests that this Court take judicial notice of
defendant's articles of incorporation pursuant to Rule
201(b)(1)-(2) of the Federal Rules of Evidence.
6. Paragraph 14 of plaintiff's first claim for relief
states that, by reason of the facts alleged in that claim for
relief, plaintiff has been damaged in a sum not less than
$3,500,000, according to proof. In paragraph 20 of the second
claim for relief, plaintiff alleges that it has been damaged in a
sum not less than $3,500,000, according to proof. In paragraph 24
of the third claim for relief, plaintiff alleges that it has been
damaged in a sum not less than $3,500,000, according to proof.
These damage allegations are also pleaded in the first paragraph
of the prayer to plaintiff's complaint.
7. By reason of the foregoing, the above-described action
is a civil action which may be removed to this Court by defendant
Smith Corporation pursuant to the provisions of 28 U.S.C.
1441(a) and 28 U.S.C. 1332, because this action is between
citizens of different states and the matter in controversy
exceeds the sum or value of $50,000, exclusive of interest and
costs.
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Legal Forms : Set Two