Federal Home Loan Mortgage Corporation v. Lidia Castro et al

Filing 11

MINUTE ORDER (IN CHAMBERS): ORDER REMANDING CIVIL ACTION TO SUPERIOR COURT by Judge R. Gary Klausner. Defendant cannot confer jurisdiction upon the Court by attempting to attach a federal question to her Notice of Removal. Accordingly, Defendant� 39;s removal based on federal question jurisdiction is improper. As to the second ground, the Complaint for unlawful detainer indicates on its face that the amount in controversy does not exceed $10,000. Federal Jurisdiction based on complete diversity requires that all parties to the action are completely diverse in citizenship, and that the amount in controversy exceeds $75,000. Since the unlawful detainer action does not meet the jurisdictional threshold, Defendant's remov al based on diversity jurisdiction is also improper. For the foregoing reasons, the above-entitled case is ordered REMANDED to the Superior Court for all further proceedings for lack of subject matter jurisdiction. Remanding case to Los Angeles Superior Court Central District, Case number 13UM0188 Case Terminated. Made JS-6 (Attachments: # 1 cv 103) (lom) Modified on 7/25/2014 (lom). (mailed 7/25/14)

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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 July 25, 2014 District Court Executive and Clerk of Court Los Angeles Superior Court Northeast District Pasadena Courthouse 300 East Walnut Street Pasadena, CA 91101 Re: Case Number: 2:14-cv-05583-RGK Previously Superior Court Case No. 13UM0188 Case Name: Federal Home Loan Mortgage Corporation v. Lidia Castro et al Dear Sir / Madam: Pursuant to this Court’s ORDER OF REMAND issued on 7/24/14 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. Muraoka Deputy Clerk G Western ✘ 213-894-1532 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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