Roger Shaar et al v. Donna Bebik et al

Filing 8

ORDER SUMMARILY REMANDING ACTION TO STATE COURT by Judge Christina A. Snyder: IT IS ORDERED that this matter be REMANDED to the Superior Court of California, County of Los Angeles, Northeast District Limited, Case Number 15P02111, or lack of subject matter jurisdiction pursuant to 28 U.S.C. Section 1447(c). ( Case Terminated. Made JS-6 ) (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ROGER SHAAR and DONNA
SHAAR,
Plaintiff,

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v.
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DONNA BEBIK & ROCKY RIVAS, )
DOES 1 to 10, Inclusive,
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Defendant. )
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No. CV 15-3037 CAS (FFMx)
ORDER SUMMARILY REMANDING
ACTION TO STATE COURT

The Court will remand this action to state court summarily because Defendants
removed it improperly.
On April 23, 2015, Defendant Donna Bebik and Rocky Rivas, having been sued in

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what appears to be a routine unlawful detainer action in California state court (Los

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Angeles Superior Court Case No. 15P02111), filed a Notice of Removal of that action to

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this Court and also presented an “Application to Proceed in District Court without

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Prepaying Fees or Costs.”

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The Court has denied the applications under separate cover because the Court lacks

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jurisdiction over the action. To prevent the action from remaining in jurisdictional limbo,

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the Court issues this Order to remand the action to 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 Defendants do 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 unlawful-detainer complaint recites that the amount in controversy does not

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exceed $10,000.

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Nor does Plaintiff’s unlawful detainer action raise any federal legal question. See
28 U.S.C. §§ 1331, 1441(b).
Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior

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Court of California, County of Los Angeles, Northeast District Limited, 300 East Walnut

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St., Pasadena, California 91101 for lack of subject matter jurisdiction pursuant to 28

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U.S.C. § 1447(c); (2) that the Clerk send a certified copy of this Order to the state court;

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and (3) that the Clerk serve copies of this Order on the parties.

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IT IS SO ORDERED.

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DATED: May 7, 2015
CHRISTINA A. SNYDER
United States District Judge

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Presented by:

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

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