Jason Alan v. Designed Receivable Solutions, Inc et al

Filing 20

ORDER RE: REMAND by Judge Fernando M. Olguin. IT IS ORDERED THAT: 1. The above-captioned action shall be remanded to the Superior Court of the State of California for the County of Ventura, 3855-F Alamo Street, Simi Valley, California 93063. 2. The Clerk shall send a certified copy of this Order to the state court. Case remanded to Superior Court of Ventura County, Case number 56-02017-00498533. Case Terminated. Made JS-6 (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JASON L. ALAN,

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Plaintiff,
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v.
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DESIGNED RECEIVABLE SOLUTIONS )
INC., et al.,
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Defendants.
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Case No. CV 17-5421 FMO (ASx)
ORDER RE: REMAND

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The court has reviewed the parties’ responses to the Court’s Order to Show Cause Re:

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Supplemental Jurisdiction. (Dkt. 17, “OSC”). Given the parties’ agreement to remand of the

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action, (see 18, Plaintiff’s Response to Order to Show Cause (Dkt. 18, “Plf. Response”) at 2-6);

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Dkt. 19, [Defendants’] Response to Order to Show Cause at ¶ 7), the court will remand the action.

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To the extent plaintiff seeks fees pursuant to 28 U.S.C. § 1447(c)1 (see Dkt. 18, Plf. Response at

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2-4), it is without merit. “Absent unusual circumstances, courts may award attorney's fees under

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§ 1447(c) only where the removing party lacked an objectively reasonable basis for seeking

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removal.” Martin v. Franklin Capital Corp., 546 U.S. 132, 141, 126 S.Ct. 704, 711) (2005). Here,

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defendants properly removed the action based on federal question jurisdiction because plaintiff

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Section 1447(c) provides in relevant part that “[a]n order remanding the case may require
payment of just costs and any actual expenses, including attorney fees, incurred as a result of the
removal.” 28 U.S.C. § 1447(c).

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asserted a claim pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.

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(See Dkt. 1, Notice of Removal at ¶ 5; Exh A, Complaint).

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This Order is not intended for publication. Nor is it intended to be included in or
submitted to any online service such as Westlaw or Lexis.

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CONCLUSION

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Based on the foregoing, IT IS ORDERED THAT:

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1. The above-captioned action shall be remanded to the Superior Court of the State of

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California for the County of Ventura, 3855-F Alamo Street, Simi Valley, California 93063.
2. The Clerk shall send a certified copy of this Order to the state court.
Dated this 18th day of September, 2017.

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/s/
Fernando M. Olguin
United States District Judge

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