Hollyvalle Rental Holdings, LLC v. Edmundo Cornejo et al

Filing 9

ORDER by Judge George H. Wu. IT IS ORDERED that this matter be REMANDED to the Superior Court of California, County of Los Angeles, 12720 Norwalk Blvd., Norwalk, California 90650, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c). Case remanded to Superior Court of California Los Angeles County, Case number 17UN1794. Case Terminated. Made JS-6 (mailed 7/24/17) (lom)

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JS-6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 HOLLYVALLE RENTAL HOLDINGS LLC, Case No. CV 17-5123 GW (SSx) 11 Plaintiff, 12 ORDER SUMMARILY REMANDING v. 13 IMPROPERLY-REMOVED ACTION EDMUNDO CORNEJO, et al., 14 Defendants. 15 16 The Court will remand this unlawful detainer action to state 17 court summarily because Defendant removed it improperly. 18 19 On July 12, 2017, Defendant Edmundo Cornejo, having been 20 sued in a routine unlawful detainer action in California state 21 court, filed a Notice Of Removal of that action to this Court and 22 also presented an application to proceed in forma pauperis. The 23 Court has denied the latter application under separate cover 24 because the action was not properly removed. To prevent the 25 action from remaining in jurisdictional limbo, the Court issues 26 this Order to remand the action to state court. 27 28 1 Simply stated, this action could not have 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). facts supporting either Therefore, diversity removal is or federal-question improper. 28 U.S.C. 7 8 Accordingly, IT IS ORDERED that (1) this matter be REMANDED 9 to the Superior Court of California, County of Los Angeles, 12720 10 Norwalk Blvd., Norwalk, California 90650, for lack of subject 11 matter 12 Clerk send a certified copy of this Order to the state court; and 13 (3) the Clerk serve copies of this Order on the parties. jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) the 14 15 IT IS SO ORDERED. 16 17 18 19 DATED: July 24, 2017 _______________ GEORGE H. WU UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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