Wells Fargo Bank, N.A. v. James Holgren et al

Filing 9

SUA SPONTE REMANDING ACTION TO STATE COURT by Judge Manuel L. Rea. 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. CV09-2337, 2010 WL 234828, 2(C.D.Cal. Jan. 13, 2010) (sua sponte remanding an action to state court for lac k of subject matter jurisdiction where plaintiff's complaint contained only an unlawful detainer claim). As such, this case is now REMANDED TO STATE COURT. Los Angeles County Superior Court, Long Beach Case Terminated. Made JS-6 (Attachments: # 1 Remand letter) (bp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

MAKE JS-6

CIVIL MINUTES -- GENERAL
Case No.

CV-14-4342-R

Date: JUNE 11, 2014

Title:
WELLS FARGO BANK, N.A. - V. - JAMES HOLGREN, et al.
==========================================================================
PRESENT: HONORABLE MANUEL L. REAL, JUDGE
Christine Chung
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 ___CCH____