Pacific Court Pine Square Partners v. Davion Carson et al
ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge George H. Wu, remanding case to Los Angeles County Superior Court, Case number 16F06027. Case Terminated. Made JS-6. (mrgo)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. CV 17-0847 GW (SSx)
PACIFIC COURT PINE SQUARE
ORDER SUNIl~IARILY REMANDING
DAVION CARSON, et al.,
The Court will remand this unlawful detainer action to state
court summarily because Defendants removed it improperly.
February 2, 2017,
Carson, having been sued in a routine unlawful detainer action in
California state court, filed a Notice Of Removal of that action
to this Court and also presented applications to proceed in forma
separate cover because the action was not properly removed.
jurisdictional limbo, the
Court issues this Order to remand the action to state court.
Simply stated, this action
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).
Defendant[s'] rights and Plaintiff's duties under federal law."
Defendants' Notice Of Removal asserts that
(Notice Of Removal at 2).
These allegations are inadequate to
F~~ Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 808 (1986) ("A
defense that raises a federal question is inadequate to confer
Accordingly, IT IS ORDERED that (1) this matter be REMANDED
to the Superior Court of California, County of Los Angeles, 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.
DATED: February 14, 2017
GEORGE H. WU
UNITED STATES DISTRICT JUDGE
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