National Improvement Fund LLC v. Sophie Volovnik

Filing 3

MINUTES: (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT: A district court must remand a case to state court "if at any time before final judgment it appears that the district court lacks subject matter jurisdiction." 28 U.S.C. 144 7(c). Because this is an unlawful detainer action, a federal question does not present itself. See Indymac Federal Bank, F.S.B. v. Ocampo, No. CV 09-2337, 2010 WL 234828, *2 (C.D. Cal. Jan. 13, 2010) (sua sponte remanding an action to state court for lack of subject matter jurisdiction where plaintiff'scomplaint contained only an unlawful detainer claim). As such, this case is now REMANDED TO STATE COURT IT IS SO ORDERED by Judge Manuel L. Real (cc Copy of Minute Order, Docket Sheet and Letter of Remand to Van Nuys East Superior Court, Case number 12B02919) (Case Terminated. Made JS-6) (Attachments: # 1 Letter of Remand - CV 103) (ir)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MAKE JS-6 CIVIL MINUTES -- GENERAL Case No. CV-12-7230-R Date: AUGUST 24, 2012 Title: NATIONAL IMPROVEMENT FUND, LLC -v- SOPHIE VOLOVNIK ========================================================================== PRESENT: HONORABLE MANUEL L. REAL, JUDGE Kane Tien Courtroom Deputy None Present Court Reporter ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: None PROCEEDINGS: None MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT A district court must remand a case to state court “if at any time before final judgment it appears that the district court lacks subject matter jurisdiction.” 28 U.S.C. 1447(c). Because this is an unlawful detainer action, a federal question does not present itself. See Indymac Federal Bank, F.S.B. v. Ocampo, No. CV 09-2337, 2010 WL 234828, *2 (C.D. Cal. Jan. 13, 2010) (sua sponte remanding an action to state court for lack of subject matter jurisdiction where plaintiff’s complaint contained only an unlawful detainer claim). As such, this case is now REMANDED TO STATE COURT. IT IS SO ORDERED. cc: counsel of record MINUTES FORM 11 CIVIL -- GEN cc: Superior Court of California Northwest District/Van Nuys Court Case no. 12B02919 Initials of Deputy Clerk ___KTI____

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