Aramus Holdings LLC v. Shawntae Allen et al

Filing 8

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge Fernando M. Olguin that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, 6230 Sylmar Avenue, Van Nuys, California 91401, for lack of subject matter jurisdiction pursuant to 28 USC section 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. (Made JS-6 Case Terminated.) (jp)

FILED
CLERK, U.S. DISTRICT COURT

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JULY 25 2017

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CENTRAL DISTRICT OF CALIFORNIA

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vdr
BY: ___________________ DEPUTY

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JS-6

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UNITED STATES DISTRICT COURT
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CENTRAI, DISTRICT OF CALIFORNIA
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ARAMUS HOLDINGS LLC,

Case No. CV 17-5287 FMO (SSx)

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Plaintiff,
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ORDER SU~II~ARILY REI~NDING
v.

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IMPROPERLY-REMOVED ACTION
SHAWNTAE ALLEN, 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 18, 2017, Defendants Shawntae Allen and Corey Allen,
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having

been

sued

in

a

routine

unlawful

detainer

action

in

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California state court, filed a Notice Of Removal of that action
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to this Court and also presented separate applications to proceed
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in forma pauperis.

The Court has denied the latter applications

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under separate cover because the action was not properly removed.
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To prevent the action from remaining in jurisdictional limbo, the
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Court issues this Order to remand the action to state court.
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Simply stated, this action could

not have

been

originally

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.

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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, 6230

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S ylmar Avenue, Van Nuys, California

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

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

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Clerk serve copies of this Order on the parties.

91401, for lack of subject

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IT IS SO ORDERED.

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~~~ DATED: July 25, 2017
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/s/
FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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