Calif. Plaintiffs File Motion to Remand, Argue Defendants Not Fraudulently Joined

LOS ANGELES -- Removing defendants have failed to prove that plaintiffs will not succeed with claims asserted against two California-based welding rod defendants, a recent motion to remand the claims. Cogburn v. BOC Group, et al., No. 04-3241 (C.D. Calif.).

In the May 18 motion, the plaintiffs contend that diversity jurisdiction does not exist because California Welding Supply distributed welding rods to plaintiff Hurley Cogburn's employer, as well as other California residents. The plaintiffs also state in the motion to remand that diversity jurisdiction does not exist with regard to California defendant Lincoln Global because the defendant is the last …