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