Orange Cty. Water Dist. v. Unocal Corp., No. 07-5724

In a petition for a writ of mandamus challenging the district court's order denying petitioner's motion to remand the action to state court, the petition is denied where: 1) the court of appeals' prior opinion did not preclude the district court's conclusion that petitioners failed to file a timely motion for remand, because the purportedly erroneous removal under 28 U.S.C. section 1452(a) did not implicate the district court's subject matter jurisdiction; and 2) any challenge to the district court's subject matter jurisdiction was best addressed on direct appeal, rather than by a writ of mandamus.

Read Orange Cty. Water Dist. v. Unocal Corp., No. 07-5724

Appellate Information

Submitted: April 14, 2009

Decided: October 1, 2009

Judges

Per Curiam

Counsel

For Petitioner:

Michael Axline, Tracey O'Reilly, Miller, Axline & Sawyer, Sacramento, CA

For Respondent:

Thomas Marcelle, Albany, NY