Great Western Capital LLC v. Gloria C Barrera et al

Filing 5

ORDER REMANDING CASE TO LOS ANGELES SUPERIOR COURT by Judge Otis D. Wright, II :Court notes that this is Barreras second failed attempt at removal.See Great Western Capital LLC v. Barrera, No. 2:13-cv-00163-ABC-CW (C.D. Cal.filed Jan. 9, 2013). Last time Barrera attempted removal, Judge Collins explained very clearly that the amount in controversy does not exceed the diversity-jurisdiction threshold of $75,000 and that even if the amount in controversy were met, Defendant resides in the for um state, so she cannot properly remove the action. Barrera, No. 2:13-cv-00163-ABC-CW, ECF No. 6 (C.D. Cal. Jan 14, 2013). And yet here we are again. Astonishingly, Barreras Notice of Removal before this Court is identical to her prior the notice of removal; it neither advances new jurisdictional theories nor pleads new facts that establish federal jurisdiction. This practice patently violates Federal Rule of Civil Procedure 11(b). Barrera is therefore warned that should she attempt to remove th is inherently unremovable matter again, this Court will sanction her and her counsel $1,000 for violation of Rule 11(b) and report Barreras counsels conduct to the California State Bar. cc: order, docket and remand letter to Los Angeles Superior Court, Stanley Mosk Courthouse, Case number 12U15828. Case Terminated. Made JS-6 (Attachments: # 1 remand letter) (lc)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION SOUTHERN DIVISION 312 North Spring Street, Room G-8 Los Angeles, CA 90012 Tel: (213) 894-3535 411 West Fourth Street, Suite 1053 Santa Ana, CA 92701-4516 (714) 338-4750 EASTERN DIVISION TERRY NAFISI 3470 Twelfth Street, Room 134 Riverside, CA 92501 (951) 328-4450 Date 4/18/13 District Court Executive and Clerk of Court LOS ANGELES SUPERIOR COURT STANLEY MOSK COURTHOUSE 111 NORTH HILL STREET LOS ANGELES, CA 90012 Re: Case Number: 2:13-cv-02658-ODW-JCx Previously Superior Court Case No. 12U15828 Case Name: Great Western Capital LLC v. Gloria C Barrera et al Dear Sir / Madam: Pursuant to this Court’s ORDER OF REMAND issued on 4/17/13 above-referenced case is hereby remanded to your jurisdiction. , the Attached is a certified copy of the ORDER OF REMAND and a copy of the docket sheet from this Court. Please acknowledge receipt of the above by signing the enclosed copy of this letter and returning it to our office. Thank you for your cooperation. Respectfully, Clerk, U. S. District Court By: L Chai Deputy Clerk G Western ✘ 213-894-5730 G Eastern G Southern Division cc: Counsel of record Receipt is acknowledged of the documents described herein. Clerk, Superior Court By: Date CV - 103 (09/08) Deputy Clerk LETTER OF TRANSMITTAL - REMAND TO SUPERIOR COURT (CIVIL)

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