Opinion
No. C10-4810 BZ.
February 9, 2011
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND
Construing removal jurisdiction strictly, I find that defendants have failed to establish that Amy Dabner was named as a "sham defendant." I find that plaintiff can amend her complaint to state a cause of action against Ms. Dabner under the settled law of California. See for example Roby v. McKesson Corp., 47 Cal.4th, 686, 709 (2009); Niami v. Federal Express Print Services, Inc., 2010 WL 958045 (N.D.Ca 2010). IT IS THEREFORE ORDERED that plaintiff's motion for remand is GRANTED. The Clerk shall transfer the file to the Marin County Superior Court. The Court no longer having jurisdiction, defendant's motion to dismiss is TAKEN OFF CALENDAR.
Dated: February 9, 2011