Judge: Lee S. Arian, Case: 22STCV30427, Date: 2024-12-12 Tentative Ruling
Case Number: 22STCV30427 Hearing Date: December 12, 2024 Dept: 27
Hon. Lee S. Arian, Dept 27¿
Petition To Approve Minor’s Compromise¿
Hearing Date:¿ 12/12/24
Claimant Name: Dominick Contreras, a minor¿
CASE NO./NAME: 22STCV30427 MARY LEYBA, et al. vs MICHAELS STORES, INC. et al.
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Ruling: Deny¿
On March 22, 2024, the Court issued an order indicating that this action has not been remanded since it was removed to federal court on February 10, 2023. No filings have been made since the March 22, 2024, order to indicate that the case has been remanded or that the present Court has jurisdiction over the matter. On November 19, 2024, Plaintiff filed a petition to approve a minor’s compromise. Since this case has not been remanded, the Court lacks jurisdiction to rule on the petition. Under 28 U.S.C. § 1446, jurisdiction of the state court ends upon removal, and the state court cannot proceed unless the federal court remands the case. Thus, the petition is denied.
Moving party is ordered to give notice.¿