Peter Hoffman et al v. William Roberts et al
ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge Christina A. Snyder: IT IS ORDERED that this matter be REMANDED to the Los Angeles County Superior Court, Case Number 16F04090, for lack of subject matter jurisdiction pursuant to 28 U.S.C. Section 1447(c). ( Case Terminated. Made JS-6 ) (gk)
UNITED STATES DISTRICT COURT
CENTRAI, DISTRICT OF CALIFORNIA
ORDER SU1~iRILY REMANDING
Case No. CV 16-7393 CAS (SSx)
PETER HOFFMAN, et al.,
WILLIAM ROBERTS a/k/a WILLIAM
E. ROBERTS, et al.,
The Court will remand this unlawful detainer action to state
19 j court summarily because Defendant removed it improperly.
On October 3, 2016, Defendant William Roberts, having
sued in what appears to be a routine unlawful detainer
California state court, filed a Notice Of Removal of that
to this Court and also presented an application to proceed in
separate cover because the action was not properly remove
al limbo, the
prevent the action from remaining in jurisdiction
Court issues this Order to summarily remand the action to state
Simply stated, this action could
filed in federal court because the complaint does not competently
§ 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545
U.S. 546, 563 (2005).
To the extent that Defendant will attempt
detainer action, these attempts are inadequate to confer federal
Thompson, 478 U.S. 804, 808 (1986) ("A defense that raises a federal
question is inadequate to confer federal jurisdiction.").
Accordingly, IT IS ORDERED that (1) this matter be REMANDED
to the Los Angeles County Superior Court, 275 Magnolia Ave., Long
Beach, CA 90802, for lack of subject matter jurisdiction pursuant
to 28 U.S.C. ~ 1447(c); (2) the Clerk send a certified copy of this
Order to the state court; and (3) the Clerk serve copies of this
Order on the parties.
IT IS SO ORDERED.
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE
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