Peter Hoffman et al v. William Roberts et al

Filing 7

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)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAI, DISTRICT OF CALIFORNIA

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Plaintiffs,

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ORDER SU1~iRILY REMANDING

v.

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Case No. CV 16-7393 CAS (SSx)

PETER HOFFMAN, et al.,

WILLIAM ROBERTS a/k/a WILLIAM
E. ROBERTS, et al.,

IMPROPERLY-REMOVED ACTION

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Defendants.
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The Court will remand this unlawful detainer action to state

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19 j court summarily because Defendant removed it improperly.
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been
On October 3, 2016, Defendant William Roberts, having

.
P~i~
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action in
sued in what appears to be a routine unlawful detainer

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action
California state court, filed a Notice Of Removal of that

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forma l
to this Court and also presented an application to proceed in

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pauperis.

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d.
separate cover because the action was not properly remove

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al limbo, the
prevent the action from remaining in jurisdiction

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//

The

Court

has

denied

the

latter

application

under
To '

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Court issues this Order to summarily remand the action to state

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court.

Simply stated, this action could

not have

been originally

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filed in federal court because the complaint does not competently

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allege

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jurisdiction,

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§ 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545

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U.S. 546, 563 (2005).

facts

raise

supporting
and

defenses

diversity

either

therefore

removal

is

or

federal-question

improper.

U.S.C.

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To the extent that Defendant will attempt

available

under federal

law

in

the

unlawful

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to

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detainer action, these attempts are inadequate to confer federal

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question

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Thompson, 478 U.S. 804, 808 (1986) ("A defense that raises a federal

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question is inadequate to confer federal jurisdiction.").

jurisdiction.

Merrell

Dow

Pharmaceuticals,

Inc.

v.

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

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to the Los Angeles County Superior Court, 275 Magnolia Ave., Long

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Beach, CA 90802, for lack of subject matter jurisdiction pursuant

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to 28 U.S.C. ~ 1447(c); (2) the Clerk send a certified copy of this

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Order to the state court; and (3) the Clerk serve copies of this

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Order on the parties.

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IT IS SO ORDERED.

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DATED: October

13, 2016
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

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