Corona-Contreras v. Gruel

Plaintiff filed suit against defendant in state court alleging breach of contract and legal malpractice. Defendant removed to federal court eleven months later and plaintiff did not object nor did he file a motion to remand. More than three months after removal, the district court sua sponte found the removal to be untimely and remanded the case back to state court. The Ninth Circuit held that it had jurisdiction to hear this appeal because this was one of the rare cases in which the court must decide the merits to decide jurisdiction; the district court exceeded its authority under 28 U.S.C. 1447(c) by remanding sua sponte based on a non-jurisdictional defect; and thus the panel vacated and remanded for further proceedings. View "Corona-Contreras v. Gruel" on Justia Law