Mandy Reupsch v. Donald Wheat et al

Filing 6

ORDER REMANDING Case to Superior Court of California by Judge Dale S. Fischer. This case is REMANDED to the Superior Court of California, County of Ventura. Case Terminated. Made JS-6. See Memorandum for Specifics. (bp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS 6
Case No.
Title

Date

CV 15-2942 DSF (AGRx)

4/27/15

Mandy Reupsch v. Donald Wheat

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

Defendant removed this case from state court claiming federal question
jurisdiction. The complaint is a state law unlawful detainer complaint and does not state
a federal cause of action. While the notice of removal argues that Defendant’s demurrer
raises federal issues, 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 Ventura.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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