Clifford Johnson v. Giles Stefhon Barnett et al

Filing 11

ORDER SUMMARILY REMANDING ACTION TO STATE COURT by Judge Dean D. Pregerson : Case remanded to Los Angeles Superior Court, Santa Monica, Case number 15R01471 Case Terminated. Made JS-6 (lc)

1

JS-6

2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17
18

CLIFFORD JOHNSON,

)
)
Plaintiff,
)
)
v.
)
)
GILES STEFHON BARNETT,
)
SHAJUAN ANDERSON,
)
)
Defendants. )
)

No. CV 15-3429 DDP (FFMx)
ORDER SUMMARILY REMANDING
ACTION TO STATE COURT

The Court will remand this action to state court summarily because Defendants
removed it improperly.
On May 7, 2015, Defendants Giles Stefhon Barnett and Shajuan Anderson, having

19

been sued in what appears to be a routine unlawful detainer action in California state court

20

(Los Angeles Superior Court Case No. 15R01471), filed a Notice of Removal of that

21

action to this Court and also presented applications to proceed without prepayment of

22

filing fees.

23

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

24

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

25

the Court issues this Order to remand the action to state court.

26

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

27

brought this action in federal court in the first place, in that Defendants do not

28

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

1

therefore removal is improper. 28 U.S.C. § 1441(a); see Exxon Mobil Corp v. Allapattah

2

Svcs., Inc., 545 U.S. 546, 563, 125 S. Ct. 2611, 162 L. Ed. 2d 502 (2005). Even if

3

complete diversity of citizenship existed, the amount in controversy does not exceed the

4

diversity-jurisdiction threshold of $75,000. See 28 U.S.C. §§ 1332, 1441(b). On the

5

contrary, the unlawful-detainer complaint recites that the amount in controversy does not

6

exceed $10,000.

7
8

Nor does Plaintiff’s unlawful detainer action raise any federal legal question. See
28 U.S.C. §§ 1331, 1441(b).

9

Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior

10

Court of California, County of Los Angeles, Santa Monica Courthouse, 1725 Main Street,

11

Santa Monica, California 90401 for lack of subject matter jurisdiction pursuant to 28

12

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

13

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

14

IT IS SO ORDERED.

15
16

DATED: 5/13/2015

17

DEAN D. PREGERSON
United States District Judge

18
19
20

Presented by:

21
22
23

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

24
25
26
27
28
2