Smith v. Smith

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KIMBERLEE A SMITH, Case No. 21-cv-08691-TSH

Plaintiff,

ORDER GRANTING MOTION TO v. REMAND

JUSTIN J SMITH, Re: Dkt. No. 6

Defendant.

Plaintiff Kimberlee Smith brought this case in Sonoma County Superior Court against her son, Defendant Justin Smith, related to student loans taken out by Kimberlee for Justin’s education. Justin removed the case to this Court, and Kimberlee now moves to remand. ECF No. 6. She also seeks attorney’s fees incurred as a result of the removal. Justin has filed a statement of non-opposition, stating he found the authorities cited by Kimberlee in her motion to remand “persuasive.” ECF No. 11. As the motion is unopposed, the Court GRANTS Kimberlee’s motion to remand this action to the Sonoma County Superior Court.

As to Kimberlee’s request for attorney’s fees, district courts have wide discretion regarding whether to award attorney fees in an order to remand. See Moore v. Permanente Medical Group, 981 F.2d 443, 447 (9th Cir. 1992); see also 28 U.S.C. § 1447(c). Here, Justin has not provided an objectively reasonable basis for removal, and he in fact states Kimberlee’s motion to remand is persuasive. On this record, the Court finds an award of attorney’s fees appropriate.

Kimberlee seeks $2,700.00 in attorney’s fees. Mot. at 7. In support of her request, she provided the declaration of her counsel, Seth W. Wiener, who states he charged $300.00 per hour for his time on this case. ECF No. 6-1. The Court finds this rate is reasonable. Mr. Wiener states minimum of three hours reviewing the opposition and preparing a reply, and a minimum of one || hour attending the hearing. Justin does not oppose Kimberlee’s request but maintains that any award of attorneys’ fees should exclude her attorney’s anticipated fees for reviewing an || opposition, preparing a reply, and attending the hearing. ECF No. 11. The Court agrees. 5 Accordingly, the Court shall award $1,500.00 ($300/hr. x 5 hours) in attorney’s fees. 6 The Clerk of Court shall remand this matter to the Sonoma County Superior Court and terminate the case.

8 IT IS SO ORDERED.

Dated: November 30, 2021

7 LU \ - | THOMAS S. HIXSON 12 United States Magistrate Judge

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