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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1 JS-6 2 3 4 5 6 , 7 i 8 UNITED STATES DISTRICT COURT 9 CENTRAI, DISTRICT OF CALIFORNIA 10 11 Plaintiffs, 12 ORDER SU1~iRILY REMANDING v. 13 14 Case No. CV 16-7393 CAS (SSx) PETER HOFFMAN, et al., WILLIAM ROBERTS a/k/a WILLIAM E. ROBERTS, et al., IMPROPERLY-REMOVED ACTION 15 Defendants. 16 17 The Court will remand this unlawful detainer action to state 18 19 j court summarily because Defendant removed it improperly. 20 been On October 3, 2016, Defendant William Roberts, having . P~i~ 22 action in sued in what appears to be a routine unlawful detainer 23 action California state court, filed a Notice Of Removal of that 24 forma l to this Court and also presented an application to proceed in 25 pauperis. 26 d. separate cover because the action was not properly remove 27 al limbo, the prevent the action from remaining in jurisdiction 28 // The Court has denied the latter application under To ' 1 Court issues this Order to summarily remand the action to state 2 court. Simply stated, this action could not have been originally 5 filed in federal court because the complaint does not competently 6 allege 7 jurisdiction, 8 ยง 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545 9 U.S. 546, 563 (2005). facts raise supporting and defenses diversity either therefore removal is or federal-question improper. U.S.C. 28 To the extent that Defendant will attempt available under federal law in the unlawful 10 to 11 detainer action, these attempts are inadequate to confer federal 12 question 13 Thompson, 478 U.S. 804, 808 (1986) ("A defense that raises a federal 14 question is inadequate to confer federal jurisdiction."). jurisdiction. Merrell Dow Pharmaceuticals, Inc. v. 15 16 Accordingly, IT IS ORDERED that (1) this matter be REMANDED 17 to the Los Angeles County Superior Court, 275 Magnolia Ave., Long 18 Beach, CA 90802, for lack of subject matter jurisdiction pursuant 19 to 28 U.S.C. ~ 1447(c); (2) the Clerk send a certified copy of this 20 Order to the state court; and (3) the Clerk serve copies of this 21 Order on the parties. 22 23 IT IS SO ORDERED. 24 25 26 DATED: October 13, 2016 CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE 27 28 2

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