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  5. 33 F.Supp.2d 876 (1999)
 

WRS MOTION PIC. & VIDEO LAB. v. POST MODERN EDIT

No. SA CV 98-0018-GLT[gt].

33 F.Supp.2d 876 (1999)

WRS MOTION PICTURE AND VIDEO LABORATORY, Plaintiff, v. POST MODERN EDIT, INC., and Rick Warren, Defendants.

United States District Court, C.D. California.

January 29, 1999.

Attorney(s) appearing for the Case

Wilburn Smith, III, Law Offices of Wilburn Smith, III, Laguna Niguel, CA, for Plaintiff.

James Hayes, Ashworth, Hayes & Moran, Laguna Niguel, CA, for Defendant.

MEMORANDUM ON REMAND TO STATE COURT

TAYLOR, District Judge.

Where a local defendant removes on diversity grounds in violation of the 28 U.S.C. § 1441(b) "no-local-defendant" rule, a jurisdictional defect exists and remand may be ordered unless the matter has proceeded to judgment on the merits, and the federal court would have had jurisdiction had the case been filed in federal court in the posture it had at the time of judgment.

I. BACKGROUND...

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