KELTON ARMS CONDOMINIUM OWNERS v. HOMESTEAD INS.

No. 02-55724.

346 F.3d 1190 (2003)

KELTON ARMS CONDOMINIUM OWNERS ASSOCIATION, INC., Plaintiff-Appellee, v. HOMESTEAD INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 14, 2003.


Attorney(s) appearing for the Case

Howard Wollitz, Allan J. Favish, Charlston, Revich & Chamberlin, L.L.P., Los Angeles, CA, for the defendant-appellant.

Matthew S. Shorr, Hunt, Ortmann, Blasco, Palffy & Rossell, Inc., Pasadena, CA, for the plaintiff-appellee.

Before B. FLETCHER, SILVERMAN, Circuit Judges, and MARTONE, District Judge.


MARTONE, District Judge.

We are asked to decide whether the federal removal statute, 28 U.S.C. § 1447(c), allows the district court to remand a case sua sponte for a non-jurisdictional defect in procedure. We hold that it does not.

I.

Kelton Arms Condominium Association, Inc. (Kelton), filed an action on December 28, 2001, in the Superior Court of California against Homestead Insurance (Homestead), alleging breach of contract and bad...

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