U.S. Bank National Association v. Dora Cervantes et al

Filing 6

MINUTES OF IN CHAMBERS - ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: The Notice of Removal is identical to two previous notices filed on 9/5/2017 and 11/1/2017 in related cases, U.S. Bank National Association v. Dora Cervantes, No. CV 17-6526-DMG-SSx (C.D. Cal.) and U.S. Bank National Association v. Dora Cervantes, No. CV 17-7981-DMG-SSx (C.D. Cal.), respectively, both of which also attempted to remove the action to federal court. On 11/14/2017, this Court incorporated the 9/11/2017 Remand Order issued in that related case [Case No. 17-6526-DMG-SSx, Doc. No. 6] and warned that further efforts to remove the same action to federal court would result in summary remand of the case and imposition of monetar y sanctions upon the removing parties. The Court therefore REMANDS this action to the Los Angeles County Superior Court, Case Number 17P02382, on the same grounds and SANCTIONS Defendant Dora Cervantes for the repeated frivolous filing, which the Cou rt finds was undertaken willfully and in bad faith. Cervantes shall remit $500 payable to the Clerk of the U.S. District Court, Central District of California and file proof of such payment within 15 days of the date of this Order. Any further attempts to remove the same case will result in summary remand and additional sanctions. ( Case Terminated. Made JS-6 ) Court Reporter: Not Reported. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

Date

CV 17-8405 DMG (SSx)

Title U.S. Bank National Association v. Dora Cervantes, et al.
Present: The Honorable

JS-6 / REMAND

November 27, 2017
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS - ORDER REMANDING ACTION TO LOS ANGELES
COUNTY SUPERIOR COURT
This matter comes before the Court upon pro se Defendant Dora Cervantes’ November
17, 2017 removal of Plaintiff’s unlawful detainer action, which Plaintiff originally filed in Los
Angeles County Superior Court on June 20, 2017. [Doc. # 1.] The Notice of Removal is
identical to two previous notices filed on September 5, 2017 and November 1, 2017 in related
cases, U.S. Bank National Association v. Dora Cervantes, No. CV 17-6526-DMG-SSx (C.D.
Cal.) and U.S. Bank National Association v. Dora Cervantes, No. CV 17-7981-DMG-SSx (C.D.
Cal.), respectively, both of which also attempted to remove the action to federal court. [See Case
No. 17-6526-DMG-SSx, Doc. # 1; Case No. 17-7981-DMG-SSx, Doc. # 1.]
On November 14, 2017, this Court incorporated the September 11, 2017 Remand Order
issued in that related case [Case No. 17-6526-DMG-SSx, Doc. # 6] and warned that further
efforts to remove the same action to federal court would result in summary remand of the case
and imposition of monetary sanctions upon the removing parties. [Case No. 17-7981-DMG-SSx,
Doc. # 13.]
The Court therefore REMANDS this action to the Los Angeles County Superior Court
on the same grounds and SANCTIONS Defendant Dora Cervantes for the repeated frivolous
filing, which the Court finds was undertaken willfully and in bad faith. Cervantes shall remit
$500 payable to the Clerk of the U.S. District Court, Central District of California and file proof
of such payment within 15 days of the date of this Order. Any further attempts to remove the
same case will result in summary remand and additional sanctions.
IT IS SO ORDERED.

cc: Fiscal Services

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT