Deutsche Bank National Trust Company v. Jacinto Gutierrez et al

Filing 9

MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION TO REMAND 7 . Case Remanded to Los Angeles Superior Court 15U2458. MD JS-6. Case Terminated. (lc)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

DATE: May 25, 2016

CASE NO.: CV 16-03230 SJO (AJWx)
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Deutsche Bank National Trust Company v. Jacinto Gutierrez et al.

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PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE
Victor Paul Cruz
Courtroom Clerk

Not Present
Court Reporter

COUNSEL PRESENT FOR PLAINTIFF:

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

Not Present

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PROCEEDINGS (in chambers): ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION
TO REMAND [Docket No. 7.]
This matter is before the Court on Plaintiff Deutsche Bank National Trust Company as Trustee for
Downey 2005-AR4's ("Plaintiff") Ex Parte Application requesting an order to remand this action
to the Los Angeles Superior Court ("Application"), filed May 23, 2016. Defendants Jacinto
Gutierrez and Somphit Saeliem (collectively, "Defendants") opposed the Application on May 24,
2016 ("Opposition"). The Court finds good cause to GRANT the Application.
First, removal based on diversity jurisdiction is improper because removal was made more than
one year after commencement of the action, 28 U.S.C. § 1446(c)(1). Second, removal based on
federal question jurisdiction is improper because: (1) Defendants may not remove a case to
federal court on the basis of a federal defense to a state law claim; and (2) Defendants filed the
notice of removal past the 30-day deadline, 28 U.S.C. §§ 1446(b)(1), (3). See Vaden v. Discover
Bank, 556 U.S. 49, 60 (2009) ("[A] suit 'arises under' federal law 'only when the plaintiff's
statement of his own cause of action shows that it is based upon [federal law]. Federal jurisdiction
cannot be predicated on an actual or anticipated defense.").
IT IS SO ORDERED.

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