Colfin AI-CA 4 LLC v. Elda Martinez

Filing 3

ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOVAL by Judge George H. King: IT IS ORDERED that (1) this matter be REMANDED to the Superior Court of California, San Bernardino County, 303 W 3rd Street, San Bernardino, California 92415-0240, for lack of subject matter jurisdiction pursuant to 28 U S C § 1447(c), (2) that the Clerk send a certified copy of this Order to the state court, and (3) that the Clerk serve copies of this Order on the parties. Case Terminated. Made JS-6 (am) (Additional attachment(s) added on 3/28/2013: # 1 CV103) (am).

1 2 3 4 5 6 .7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 COLFIN Al CA 4, LLC, 12 13 14 15 Plaintiff, V. Case No. EDCV 13-509-UA (DUTYx) ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOVAL ELDA MARTINEZ, 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 20, 2013, Elda Martinez lodged a Notice of Removal and an application to proceed in forma pauperis Plaintiff brought suit in a straight-forward unlawful detainer action in the San Bernardino County Superior Court The Court has denied the aforementioned application under separate cover because this action was not properly removed As a result, the Court issues this Order to remand the action to state court Plaintiff could not have brought this action in federal court based on federal question jurisdiction because the underlying matter is a straight-forward unlawful detainer action 28 U S C § § 1331, 1441(a) Further, assuming a claim of diversity jurisdiction was to be asserted as a basis for removal, the Court notes that the amount in controversy in the unlawful detainer action does not exceed 1 $75,000, excluding interest 1 2 3 and costs 28 U S C §§ 1332(a), 1441(b) Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior Court of California, San Bernardino County, 303 W 3rd Street, San 4 Bernardino, California 92415-0240, for lack of subject matter jurisdiction pursuant to 28 5 U S C § 1447(c), (2) that the Clerk send a certified copy of this Order to the state court, 6 and (3) that the Clerk serve copies of this Order on the parties. 7 8 IT IS SO ORDERED 9 10 DATED 11 3/ I ,2013 _ HONORABLE GEOR u KING Chief United States Dis iJQge 12 13 Presented by 14 15 16 HONORABLE OSWALD PARADA United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2