Ronald G. Peeleman et al v. Central Mortgage Company et al
Filing
10
MINUTE ORDER (IN CHAMBERS) Order Remanding Action to State Court by Judge R. Gary Klausner. Accordingly, Defendants has failed to satisfy its burden of showing that the amount in controversy meets the jurisdictional requirement. In light of the foreg oing, the action is hereby remanded to state court for all further proceedings. Remanding case to Los Angeles Superior Court, County of Santa Barbara, Case number 1438185 Case Terminated. Made JS-6 (Mailed 1/10/14) (Attachments: # 1 CV 103) (lom)
JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 13-08745-RGK (PLAx)
Title
RONALD PEELEMAN v. CENTRAL MORTGAGE CO., et al
Present: The
Honorable
Date
January 10, 2014
R. GARY KLAUSNER, U.S. DISTRICT JUDGE
Sharon L. Williams (Not Present)
Not Reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) Order Remanding Action to State Court
On September 27, 2013, Ronald and Linda Peeleman (“Plaintiffs”) filed a complaint against
Central Mortgage Company (“CMC”) and PLM Lender Services, Inc. (“PLM”) alleging state claims
arising out of a mortgage foreclosure.
On November 26, 2013, CMC removed the action to this Court alleging jurisdiction on the
grounds of diversity of citizenship.1 Upon review of Defendant’s Notice of Removal, the Court hereby
remands the action for lack of subject matter jurisdiction.
Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action
in which the parties are citizens of different states and the action involves an amount in controversy that
exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case
to federal court bears the burden of proving the amount in controversy requirement has been met.
Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir. 2007). If the complaint does
not allege that the amount in controversy has been met, the removing defendant must supply this
jurisdictional fact in the Notice of Removal by a preponderance of the evidence. Gaus v. Miles, Inc., 980
F.2d 564, 566-567 (9th Cir. 1992).
Here, the Complaint fails to allege an specific amount in controversy. Therefore, CMC must
supply this jurisdictional fact by a preponderance of the evidence. In its Notice of Removal, CMC refers
only to an allegation in the Complaint that “the property at issue had hundreds of thousands of dollars in
equity.” (Compl., ¶ 24.) This statement, by itself, particularly when considered within the full context of
1
According to the Notice of Removal, PLM, a California corporation, was merely the
foreclosure trustee. PLM filed a declaration of non-monetary status, to which Plaintiff did not object.
Therefore, PLM’s consent to removal was unnecessary, and its citizenship is irrelevant for purposes of
jurisdiction.
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CIVIL MINUTES - GENERAL
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the allegations, fails to satisfy CMC’s burden. Accordingly, Defendants has failed to satisfy its burden
of showing that the amount in controversy meets the jurisdictional requirement.
In light of the foregoing, the action is hereby remanded to state court for all further proceedings.
IT IS SO ORDERED.
:
Initials of Preparer
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