Martingale Investments LLC v. Argirios Notis

Filing 3

ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOVAL by Judge George H. King remanding case to San Bernardino County Superior Court, Case number UDVS1300166. (See document for specifics) (Attachments: # 1 CV-103) (adu)

FiLED 1 20/3 ffAR II 2 PH 4;' I CLERl~ U ", - cr. \ ..:, Dj(h(j; ,7. Cn/lD'r dJTRI\I nl;;J.''!c' 3 ~ R¡ìir.:F'~'S~' UF C ¡, ,¡V¡LI i 4 ---~-----_.__..lJ- \ i. í ¡iJfr-c. r. ...._-- 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MARTINGALE INVESTMENTS, LLC, Case No. EDCV 13-367-UA (DUTYx) 12 Plaintiff, 13 v. ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOV AL 14 15 ARGIRIOS NOTIS, Defendant. 16 17 18 Removal and an , On February 27,2013, Argirios Notis lodged a Notice of 19 application to proceed in 20 unlawful detainer action in the San 'Bernardino County Superior Court. The Court has 21 denied the aforementioned application under separate cover because this action was not 22 properly removed. As a result, the Court issues this Order to remand the action to state 23 court. brought suit in a straight-forward forma pauperis. Plaintiff j j I ! i 24 Plaintiff could not have brought this action in federal court based on federal 1 I 1 ! , ! ¡ i 1 I question jurisdiction because the underlying matter is a straight-forward unlawful 26 j 25 detainer action. 28 U.S.C. §§ 1331, 1441(a). Further, assuming a claim of diversity 27 jurisdiction was to be asserted as a basis for removal, the Court notes that the amount in 28 1 1 controversy in the unlawful detainer action does not exceed $75,000, excluding interest 2 and costs. 28 U.S.C. §§ 1332(a), 1441(b). 3 Accordingly, IT is ORDERED that (1) this matter be REMANDED to the 4 Superior Court of California, San Bernardino County, 14455 Civic Drive, Victorvile, 5 California 92392, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c); this Order to the state court; and (3) that the 6 (2) that the Clerk send a certified copy of 7 Clerk serve copies of this Order on the parties. 8 9 IT is SO ORDERED. I 10 11 DATED: ?Lt ,2013 12 13 14 Presented by: 15 16 HONORABLE OSWALD PARADA 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 .. 27 28 2