Aurora Loan Services, LLC v. Vilma D. Jones et al

Filing 4

MINUTES: (In Chambers) Order Remanding Case; The Court REMANDS this action to state court IT IS SO ORDERED by Judge Philip S. Gutierrez (cc Copy of Minute Order, Docket Sheet and Letter of Remand to Los Angeles County Superior Court West District Santa Monica Courthouse, Case number 09U03145) (MD-JS-6 Case terminated) (ir)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
JS-6 CIVIL MINUTES - GENERAL Case No. Title CV 10-689 PSG (RCx) Aurora Loan Services, LLC v. Vilma D. Jones Date March 12, 2010

Present:

The Honorable Philip S. Gutierrez, United States District Judge Not Present Court Reporter n/a Tape No.

Wendy K. Hernandez Deputy Clerk Attorneys Present for Plaintiff(s): Not Present Proceedings:

Attorneys Present for Defendant(s): Not Present

(In Chambers) Order Remanding Case

On January 29, 2010, Defendant Vilma D. Jones ("Defendant") removed this case under 28 U.S.C. § 1443(1), which, in relevant part, provides for removal of any civil action commenced in state court [a]gainst any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof . . . . See 28 U.S.C. § 1443(1). It is well settled in this circuit that such a petition for removal must satisfy a two-part test. See Patel v. Del Taco, Inc., 446 F.3d 996, 998-99 (9th Cir. 2006). "First, the petitioners must assert, as a defense to the prosecution, rights that are given to them by explicit statutory enactment protecting equal racial civil rights." Id. at 999 (internal quotations omitted). "Second, petitioners must assert that the state courts will not enforce that right, and that allegation must be supported by reference to a state statute or a constitutional provision that purports to command the state courts to ignore the federal rights." Id. (internal quotations omitted). Here, even assuming Defendant has satisfied the first part of the foregoing test, Defendant has failed to satisfy the second. Defendant's notice of removal fails to identify any state statute or constitutional provision that purports to command the state courts to ignore her federally protected "equal racial civil rights." See id. Nor does Defendant point to anything that suggests that the state court refused to enforce those rights in the state court proceedings. See id.
CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 2

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
JS-6 CIVIL MINUTES - GENERAL Case No. Title CV 10-689 PSG (RCx) Aurora Loan Services, LLC v. Vilma D. Jones For the foregoing reasons, the Court REMANDS this action to state court. See id. IT IS SO ORDERED. Date March 12, 2010

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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