Value Rental Car Inc. v. Kennard J. Shiloh

Filing 7

ORDER SUMMARILY REMANDING ACTION TO STATE COURT by Judge John F. Walter that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, Alhambra Courthouse, 150 West Commonwealth Avenue, Alhambra, California 91801 for lack of subject matter jurisdiction pursuant to 28 USC section 1447(c); (2) that the Clerk send a certified copy of this Order to the state court; and (3) that the Clerk serve copies of this Order on the parties. (Made JS-6. Case Terminated.) (jp)

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FiLED
CLER1 U.S. DISTRICT COURT

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MAR 2 1 2015 -

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ENTRAL DISTRICT OF CALiiC1FiFi
Y

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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VALUE RENTAL CAR, INC,
Plaintiff,

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No. CV 15-2059 JFW (FFMx)
ORDER SUMMARILY REMANDING
ACTION TO STATE COURT

V.

KENNARD J. SHILOH,
Defendant.

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The Court will remand this action to state court summarily because defendant
removed it improperly.
On March 19, 2015, defendant Kennard J. Shiloh, having suffered ajudgement in

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what appears to be a routine Small Claims Court action in California state court (Los

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Angeles Superior Court Case No. 13G05350), filed a Notice of Removal of that action to

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this Court and also presented an application to proceed informapauperis.

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The Court has denied the informa pauper is application under separate cover

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because the Court lacks jurisdiction over the action. 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.

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Simply stated, as the Court has previously determined, plaintiff could not have

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brought this action in federal court in the first place, in that defendant does not

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competently allege facts supplying either diversity or federal-question jurisdiction, and

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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, 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 complaint in the action sought only $3,700.

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Nor does plaintiff’s action raise any federal legal question. See 28 U.S.C. §§ 1331,
144 1(b).
Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior
Court of California, County of Los Angeles, Alhambra Courthouse, 150 West

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Commonwealth Avenue, Alhambra, California 91801 for lack of subject matter

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

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

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parties.

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IT IS SO ORDERED.

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DATED:

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JWL L31 2015i

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Presented by:

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ied States District Judge

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/A*F. WALTER

F. MUMM
/5/ F
FREDERICK F. MUMM
United States Magistrate Judge

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