Free Notice of Removal - District Court of California - California


File Size: 102.3 kB
Pages: 2
Date: December 31, 1969
File Format: PDF
State: California
Category: District Court of California
Author: unknown
Word Count: 646 Words, 4,027 Characters
Page Size: 600 x 780 pts
URL

https://www.findforms.com/pdf_files/cand/193094/1-5.pdf

Download Notice of Removal - District Court of California ( 102.3 kB)


Preview Notice of Removal - District Court of California
i Case 5:07-cv-03176-JF i Document 1-5 Filed 06/15/2007 A Page 1 of 2
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, 6ti‘ Floor _ ,
R<·>dW¤¤d·City, CA 94063
4 Telephone: (650) 363-1960 ____: · . . r
Facsimile: (650) 363-4034 _ _
5: _:. .._
Attorneys for Defendants _ " `§!' f :._,,,: ,
6 COUNTY OF SAN MATEO l‘’__ -~_- _.—, . ._ _ J ‘° ` ~-~, e
_ -~.:.¤» , ~ ,/(W { ‘
2 7 I 1 . 7 »
8 ,·r_i’;,ii[Zg§_;§?/ST}./ichfyg/VG
UNITED STATES DISTRICT COURT @ai.5,»Q)g§g,%T§gURr
9 6 " 4*9
NORTHERN DISTRICT OF CALIFORNIA - Rm
10 l {cg- LV';-L.
11 C ?5 se
MONTARA WATER AND SANITARY DISTRICT Case No. ‘
12 -
Plaintiffs, NOTICE OF REMOVAL
vs. - .
14 ·
COUNTY OF SAN MATEO
1 5
Defendants.
1 6
17 TO THE CLERK OF THE ABOVE-ENTITLED COURT: ,
lg PLEASE TAKE NOTICE that defendants COUNTY OF SAN MATEO hereby remove to this
19 Court the state court action described below. ` ` P
P 20 l. On May 17, 2007 an action was commenced in the Superior Court of the State of
21 A Califomia in and for _the County of San Mateo, entitled MONTARA WATER AND SANITARY
22 DISTRICT, a public body, Plaintiff} v. COUNTY OF SAN MATEO, a political subdivision of the State
. 23 of Califomia; and DOES l to 20, inclusive, Defendants, as case niunber CIV 463068. 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. _
l Case No. A
NOTICE OF REMOVAL

l Case 5:07-cv-OLQEJF Document 1-5 Filed 06/1 @007 Page 2 of 2 _
1 4. This action is a civil action of which this Court has original jurisdiction under 28 U.S.C.
2 §1441, 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 "wou1d be subject to the interests of the Federal Government." (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. l
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 III, COUNTY COUNSEL
17 . i.:§ *~. 1 . ..
19 Miruni Soosaipillai, eputy
20 Attorneys for Defendants `
COUNTY OF SAN MATEO
21
22 L;\L1T1G1xTE\rxz1_CAsEs\1»/1WsD v. CSM\P1eadings\N0tice of Rem¤va1Ms.d¤¤
23
24 _ _ ‘
25 p ·
26 .
27
28 ·
case NO. 2
NOTICE OF REMOVAL

Case 5:07-cv-03176-JF

Document 1-5

Filed 06/15/2007

Page 1 of 2

Case 5:07-cv-03176-JF

Document 1-5

Filed 06/15/2007

Page 2 of 2