Pacific Court Pine Square Partners v. Davion Carson et al

Filing 9

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)

JS-6
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
:~
E
CENTRAL DISTRICT OF CALIFORNIA
9
10
11
12

Case No. CV 17-0847 GW (SSx)

PACIFIC COURT PINE SQUARE
PARTNERS,
Plaintiff,

ORDER SUNIl~IARILY REMANDING
13

v.
IMPROPERLY-REMOVED ACTION

14

DAVION CARSON, et al.,

15

Defendants.

16
17
The Court will remand this unlawful detainer action to state
18
court summarily because Defendants removed it improperly.
19
P
~~~
On
21
22

February 2, 2017,

Defendants

Davion

Carson

and

Dezinae

Carson, having been sued in a routine unlawful detainer action in
California state court, filed a Notice Of Removal of that action

23
to this Court and also presented applications to proceed in forma
24
pauperis.
25

The

Court

has

denied

the

prevent the

28

applications

under

separate cover because the action was not properly removed.

26
27

latter

action from

remaining in

To

jurisdictional limbo, the

Court issues this Order to remand the action to state court.

1

Simply stated, this action

not have

could

been

originally

2

filed in federal court because the complaint does not competently

3

allege

4

jurisdiction,

5

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

6

U.S. 546, 563 (2005).

7

federal

8

Demurrer,

9

Defendant[s'] rights and Plaintiff's duties under federal law."

facts

supporting
and

question
a

therefore

diversity

removal

is

federal-question

or

improper.

28

U.S.C.

Defendants' Notice Of Removal asserts that
exists

jurisdiction

pleading[,]

10

(Notice Of Removal at 2).

11

confer

federal

either

question

depends]

on

because

~~Defendant[s']

determination

the

of

These allegations are inadequate to
jurisdiction.

See

Merrell

Dow

F~~ Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 808 (1986) ("A
13

defense that raises a federal question is inadequate to confer

14

federal jurisdiction.").

15
16

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

17

to the Superior Court of California, County of Los Angeles, 275

18

Magnolia Ave., Long Beach, CA 90802, for lack of subject matter

19

jurisdiction pursuant to 28 U.S.C. ~ 1447(c); (2) the Clerk send

20

a certified copy of this Order to the state court; and (3) the

21

Clerk serve copies of this Order on the parties.

22
23

IT IS SO ORDERED.

24
25
26
27

DATED: February 14, 2017
GEORGE H. WU
UNITED STATES DISTRICT JUDGE

28
2