Wells Fargo Bank NA v. Margarita Diaz et al

Filing 3

MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TOSTATE COURT by Judge Manuel L. Real. 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 jur isdiction." 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 remandin g 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. Remanding case to The Superior Court of California, Southeast District at Downey Courthouse; Case number 12C03305. Case Terminated. Made JS-6 (mailed 3/28/13) (Attachments: # 1 Transmittal CV 103) (lom)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

MAKE JS-6

CIVIL MINUTES -- GENERAL
Case No.

CV-13-2143-R

Date: March 27, 2013

Title: WELLS FARGO BANK NA etc et al -V- MARGARITA DIAZ et al
==========================================================================
PRESENT: HONORABLE MANUEL L. REAL, JUDGE
William Horrell
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

Initials of Deputy Clerk ___WH____