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)

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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

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