Free Certificate of Service - District Court of California - California

Case 5:07-cv—03176-JF Document 4 Filed 06/18/2007 Page 1 of 3
1 THOMAS F. CASEY III, COUNTY COUNSEL (SBN 47562)
By: Miruni Soosaipillai, Deputy (SBN 160858)
2 By: Deborah Penny Bennett, Deputy (SBN 072282)
Hall of Justice and Records
3 400 County Center, 6th Floor
Redwood City, CA 94063
4 Telephone: (650) 363-1960
Facsimile: (650) 363-4034
5 E—mail: [email protected]
6 Attorneys for Defendants
COUNTY OF SAN MATEO
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11 MONTARA WATER AND SANITARY DISTRICT, Case No. C 07 03176 JF
12 Plaintiffs, CERTIFICATE OF SERVICE OF NOTICE
TO ADVERSE PARTY OF REMOVAL TO
13 vs. FEDERAL COURT
14 COUNTY OF SAN MATEO,
15 Defendants.
16
17 I, Annabelle Gaiser, certifies and declares as follows:
18 I am over the age of 18 years and not a party to this action.
19 My business address is 400 County Center, which is located in Redwood City, County of San
20 Mateo in California, where the mailing described below took place.
21 On June 18, 2007, I deposited in the United States Mail at Redwood City, California, a copy of
22 the Notice to Adverse Party of Removal to Federal Court dated June 18, 2007, a copy of which is
23 attached to this Certificate.
24 I declare under penalty of perjury that the foregoin is true and correct.
25 Executed on June 18, 2007. ‘
26
A ABELLE GAISER
27
28
.-2 1... SELL I I I
I LBLCCCCLCCF I I II CERTIFICATE or sERvrcE OF NOTICE TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT I

Case 5:07-cv—03JLZ6—JF Document 4 Filed 06/18/2001- Page 2 of 3
I 1 THOMAS F. CASEY III, COUNTY COUNSEL (SBN 47562)
By: Miruni Soosaipillai, Deputy (SBN 160858) -
2 By: Deborah Penny Bennett, Deputy_(SBN 07.22.82)
Hall of Justice and Records ‘ "`"' I Ti. `¥§‘°I · _ ,
3 400 County Center, 6m Floor n " `e‘e· i i lW% i " --»» I
Redwood City, CA 94063 I ` ‘ Q I
4 Telephone: (650) 363-1960 _ I _ I m!
Facsimile: (650) 363-4034 A _ I 7 5
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Attorneys for Defendants VG A
6 COUNTY OF SAN MATEO ""D£$D?.m/QQTGOU L.
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` UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MONTARA WATER AND SANITARY DISTRICT Case No.
Plaintiffs, NOTICE OF REMOVAL
13
vs. l
14
COUNTY OF SAN MATEO a
l5
‘ Defendants.
16 I
17 TO THE CLERK OF THE ABOVE-ENTITLED COURT:
· ig PLEASE TAKE NOTICE that defendants COUNTY OF SAN MATEO hereby remove to this
19 Court the state court action described below.
2Q 1. On May 17, 2007 an action was commenced in the Superior Court of the State of
I 21 California in and for the County of San Mateo, entitled MONTARA WATER AND SANITARY
22 DISTRICT, a public body, Plaintiff, COUNTY OF SAN MATEO, a political subdivision of the State
23 of California; and DOES 1 to 20, inclusive, Defendants, as case number CIV463068.
I 24 2. A copy of all pleadings, process, and orders served on this removing defendant in the state
25 court action (the "state court file") is attached hereto as Exhibit A.
26 3. The first date upon which defendants COUNTY OF SAN MATEO received a copy of the
27 said complaint was May 18, 2007, when defendants were served with a copy of the said complaint and a
28 summons from the said state court. -
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NOTICE OF REMOVAL

E Case 5:O7—cv—O3JJ6-JF Document 4 Filed 06/18/200Z. Page 3 of 3
1 4. This action is a civil action of which this Court has original jurisdiction under 28 U.S.C.
2 §144.1, and is one which may be removed to this Court by defendant pursuant to the provisions of 28 `
3 U.S.C. §1441 in that it implicates an interest of the Federal Government in real property pursuant to 28
4 U.S.C. § 2409a. Specifically, the Complaint proposes an eminent domain action to appropriate portions
5 of the Half Moon Bay Municipal Airport, land in which the Federal Government has a reversionary
6 interest pursuant to a September 26, 1947 Quitclaim Deed. Plaintiff asserts on the face of the Complaint
7 that the proposed acquisition "would be subject to the interests of the Federal Governrnent." (Complaint
8 at *1] 3.) The Federal Government, therefore, is an indispensable party to this case. A true and correct
9 copy of the Quitclaim Deed is attached hereto as Exhibit B.
10 5. No other defendants have been named or served at this time.
11 6. The Plaintiff moved for a change of venue from the San Mateo Superior Court to the
12 Santa Clara Superior Court pursuant to California Code of Civil Procedure §394, which provides that
13 venue may not be in the Superior Court; of the County being sued if the plaintiff is another public entity,
14 and venue was therefore ordered changed to the Santa Clara Superior Court by order of the San Mateo
15 Superior Court on June 12, 2007.
16 Dated: June 15, 2007 THOMAS F. CASEY H1, COUNTY; COUNSEL
17 5 * * i {
18 By, U ; r . · _. -f,»L,»<* E
19 3 Miruni Soosaipillai, eputy I
20 Attomeys for Defendants
· COUNTY OF SAN MATEO
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NOTICE OF REMOVAL

Case 5:07-cv-03176-JF

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