California Code of Civil Procedure

§ 430.90

CCP § 430.90 Effective Jan 1, 1996Title 6 · Part 2 · Ch. 3 · Art. 1

Statute text

(a)Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows:

(1)If the defendant has not generally appeared in either the original or federal court, then 30 days from the day the original court receives the case on remand to move to dismiss the action pursuant to Section 583.250 or to move to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, if the court has not ruled on a similar motion filed by the defendant prior to the removal of the action to federal court.

(2)If the defendant has not filed an answer in the original court, then 30 days from the day the original court receives the case on remand to do any of the following:

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Legislative history

Added by Stats. 1995, Ch. 796, Sec. 5. Effective January 1, 1996.