U.S. Bank NA v. Henderson v. Darren Henderson et al

Filing 11

MINUTE ORDER (IN CHAMBERS): ORDER REMANDING ACTION TO STATE COURT by Judge George H. Wu. For the foregoing reasons, the action is remanded forthwith to the Superior Court of the State of California for the County of Kern. Case remanded to Superior Court of California Los Angeles County, Case number BCV-17-100218 Case Terminated. Made JS-6 (lom)

REMAND/JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-6559-GW(MRWx)

Title

U.S. Bank, N.A. v. Darren Henderson, et al.

Present: The Honorable

Date

October 3, 2017

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS (IN CHAMBERS):

ORDER REMANDING ACTION TO STATE COURT

Plaintiff U.S. Bank, N.A. sued Defendants Darren Henderson; Vanessa Henderson; Jesus Mejia; the
City of Bakersfield; United Capital Equity Management, LLC; Kenny Alcala; Cach, LLC; and Does 1
through 50, inclusive, in the Superior Court of California. See generally Notice of Removal, Ex. 1 (First
Amended Complaint), Docket No. 1 at 14-21 of 86. The First Amended Complaint seeks declaratory relief
relating to real property located in Bakersfield, CA. See generally id. On September 6, 2017, Defendant
Kenny Alcala, in pro per, removed the suit to this Court, citing its diversity jurisdiction. See generally
Notice of Removal, Docket No. 1 at 1-6 of 86. Defendant Alcala states that removal is permitted because
he is a citizen of California while Plaintiff is a citizen of Ohio. See id. at 3 of 86.
28 U.S.C. § 1441 permits a civil action filed in state court to be removed by a defendant if the case
could have been filed originally in federal court. “[T]he purpose of removal jurisdiction was to protect
nonresident defendants from local prejudice they might encounter in state courts (i.e. local judges or jurors
favoring local plaintiffs.)”. O’Connell & Stevenson, Federal Civil Procedure Before Trial: California &
9th Circuit Edition, § 2:2191 (Rutter Group 2017). As such, a civil action otherwise removable solely on
the basis of the federal courts’ diversity jurisdiction may not be removed “if any of the parties in interest
properly joined and served as defendants is a citizen of the State in which such action was brought.” 28
:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
Page 1 of 2

REMAND/JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-6559-GW(MRWx)

Date

Title

October 3, 2017

U.S. Bank, N.A. v. Darren Henderson, et al.

U.S.C. § 1441(b)(2).
Plaintiff brought suit in the Superior Court of California. Defendant Alcala, the removing defendant,
states in his Notice of Removal that he is a citizen of California. Because he seeks to invoke the Court’s
diversity jurisdiction and is a citizen of the state in which Plaintiff brought suit, 28 U.S.C. § 1441(b.)(2)
deprives the Court of removal jurisdiction based on diversity.
For the foregoing reasons, the action is remanded forthwith to the Superior Court of the State of
California for the County of Kern.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
Page 2 of 2