This is a state court case which was removed to federal court? You didn't state any facts about your case which would give a complete picture of your situation. Was an answer filed in state court? I would have to know more about your facts to answer further. Statutes are annotated if that helps.
This is the statute you asked about.
430.90. (a) Where the defendant has removed a civil action to
federal court without filing a response in the original court and the
case is later remanded for improper removal, the time to respond
shall be as follows:
(1) If the defendant has not generally appeared in either the
original or federal court, then 30 days from the day the original
court receives the case on remand to move to dismiss the action
pursuant to Section 583.250 or to move to quash service of summons or
to stay or dismiss the action pursuant to Section 418.10, if the
court has not ruled on a similar motion filed by the defendant prior
to the removal of the action to federal court.
(2) If the defendant has not filed an answer in the original
court, then 30 days from the day the original court receives the case
on remand to do any of the following:
(A) Answer the complaint.
(B) Demur or move to strike all or a portion of the complaint if:
(i) an answer was not filed in the federal court, and (ii) a demurrer
or motion to strike raising the same or similar issues was not filed
and ruled upon by the original court prior to the removal of the
action to federal court or was not filed and ruled upon in federal
court prior to the remand. If the demurrer or motion to strike is
denied by the court, the defendant shall have 30 days to answer the
complaint unless an answer was filed with the demurrer or motion to
(b) For the purposes of this section, time shall be calculated
from the date of the original court's receipt of the order of remand.
Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.
This code section refers to a situation where a plaintiff has filed a lawsuit in California State Court and before a response is filed the defendant has the case removed to Federal Court If in Federal Court, the Judge decides that California was the appropriate venue and had jurisdiction over the matter and order the case returned to the State of California;this is the situation CCP Section 430.90(a) refers to.
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CCP 430.90 (a) does not specifically define improper removal (your posting refers to "improper remand" but I assume you meant "improper removal"), but merely specifies the time for responses to a complaint after a case has been remanded from the federal court. Removal is an independent basis for invoking federal jusrisdiction. Federal courts are courts of limited jurisdiction. There must be federal question jurisdiction or diversity jurisdiction in order for the federal court to exercise jurisidiction over a case. Generally, a defendant may remove a case that has been filed in the state court to the federal court if the case could have been filed originally in federal court - i.e., there is a basis for asserting federal question juridiction or diversity jurisdiction. There is a federal question jurisdiction if a case "arises under" a federal question or issue (e.g., the claim asserts violation of federal law or one of the parties is the federal government or officer). There is diversity jurisdiction if the parties are residents of different states (e.g., if a citizen of California is suing a citizen of Minnesota in California state court and the case involves sufficient amount in controversy, the Minnesota citizen may have the right to remove the case to a federal court in California).
Removal is effected automatically by defendant filing appropriate papers and removing the case. If this removal is challenged by the plaintiff on the ground that the removal ws improper (e.g. because the there is no federal question jurisidction or there is no diversity), the court will hold a hearing on the issue. If the court agrees that the removal was improper, it will remand the case back to the state court. CCP 430.90 provides for the deadlines by which a party needs to respond to a complaint where a case has been remanded back to the state court.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
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