Deutsche Bank National Trust Company v. Jerry Duran et al

Filing 9

ORDER by Judge Dale S. Fischer remanding case to Los Angeles Superior Court, Santa Monica, Case number 14R03734 Case Terminated. Made JS-6 (Attachments: # 1 CV103, Transmittal) (shb)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL JS 6 Case No. Title Date CV 14-6253 DSF (FFMx) 8/19/14 Deutsche Bank National Trust, etc. v. Jerry Duran Present: The Honorable DALE S. FISCHER, United States District Judge Debra Plato Deputy Clerk Not Present Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (In Chambers) Order REMANDING Case to Superior Court of California, County of Los Angeles This matter was removed from state court on August 8, 2013. The complaint is a state law unlawful detainer complaint and does not state a federal cause of action. While the notice of removal claims federal question jurisdiction, federal jurisdiction is based on the plaintiff’s complaint and not on any federal counterclaims or defenses that a defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 830-32 (2002). The case is REMANDED to the Superior Court of California, County of Los Angeles. IT IS SO ORDERED. CV-90 (12/02) CIVIL MINUTES - GENERAL Page 1 of 1

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