Federal National Mortgage Association v. Andres M. Hernandez Jr et al

Filing 3

ORDER by Chief Judge George H. King summarily remanding action to Superior Court of California, Los Angeles County, Long Beach Courthouse, 275 Magnolia Avenue, Long Beach, CA 90802; Case number 13F07052. (SEE ATTACHED ORDER) [Case Terminated, Made JS-6] (Attachments: # 1 Letter Sup Ct) (esa)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION, A/KA FANNIE
MAE,
Plaintiff,

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V.

ANDRES M. HERNANDEZ, JR.;
JOSE LUIS HERNANDEZ; AND
DOES 1 TO 10, INCLUSIVE,

No. CV 13-8783 UA (DUTYx)
ORDER SUMMARILY REMANDING
ACTION TO STATE COURT AND
PROHIBITING DEFENDANT FROM
FILING ANY FURTHER NOTICE OF
REMOVAL OF LOS ANGELES
SUPERIOR COURT CASE NO.
1 3F07052

Defendants.

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The Court will remand "Defendant, Jose Hernandez[’s] Notice of Removal of the

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Above Entitled Case to the United States District Court for the Central District of

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California," Case No. 131707052, to state court summarily because Defendant removed it

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improperly.
On November 27, 2013, Defendant Jose Hernandez, having been sued in what

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appears to be a routine unlawful detainer action in California state court, lodged a Notice

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of Removal of that action to this Court and also presented an application to proceed

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informapauperis. Defendant has previously removed this same unlawful detainer

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proceeding on one prior occasion. On the prior occasion, this Court remanded the action

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noting that federal jurisdiction does not exist.

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I/I

The Court has denied the informapauperis application under separate cover

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because the action, again, was not properly removed. To prevent the action from

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remaining in jurisdictional limbo, the Court issues this Order to remand the action to

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state court. Moreover, to prevent Defendant from further abusing the federal court to

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obstruct his state proceedings without any basis, the Court issues this order prohibiting

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him from filing any further notice of removal with respect to this unlawful detainer

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action.
Simply stated, as the Court has previously determined, Plaintiff could not have

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9 brought this action in federal court in the first place, in that Defendant does not
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therefore removal is improper. 28 U.S.C. § 1441(a); see Exxon Mobil Corp v. Allapattah

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Svcs., Inc., 545 U.S. 546, 563 9 125 S. Ct. 2611, 162 L. Ed. 2d 502 (2005). Even if

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complete diversity of citizenship existed, the amount in controversy does not exceed the

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diversity-jurisdiction threshold of $75,000. See 28 U.S.C. §§ 1332, 1441(b). On the

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contrary, the unlawful-detainer complaint recites that the amount in controversy does not

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exceed $10,000.
Nor does Plaintiffs unlawful detainer action raise any federal legal question. See

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28 U.S.C. §§ 1331, 1441(b).
Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the

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Superior Court of California, County of Los Angeles, Long Beach Courthouse, 275

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Magnolia Avenue, Long Beach, California 90802 for lack of subject matter jurisdiction

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pursuant to 28 U.S.C. § 1447(c); (2) that the Clerk send a certified copy of this Order to

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the state court; and (3) that the Clerk serve copies of this Order on the parties.

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III

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I/I

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III

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III

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II!
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IT IS FURTHER ORDERED that Jose Hernandez is prohibited from filing any
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further Notice of Removals of this case from state court without an Order of the Court or

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of the Chief Judge of the Central District of California allowing him to do so.
IT IS SO ORDERED.

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DATED:

/

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GEORGE H. KINk [
Chief United States Disid Judge

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Presented b

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IS! FREDERICK F. MUMM
FREDERICK F. MUMM
United States Magistrate Judge