La Aina LLC v. Manuel Dantic et al

Filing 7

ORDER SUMMARY REMANDING ACTION TO STATE COURT by Judge Michael W. Fitzgerald that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, Pasadena Courthouse, 300 East Walnut Street, Pasadena, California 91101 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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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, Pasadena Courthouse, 300 East Walnut

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Street, 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: June 4, 2015
MICHAEL W. FITZGERALD
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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