Liberty Fund LLC v. Gilbert Castaneda et al

Filing 7

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge Michael W. Fitzgerald. The Court will remand this unlawful detainer action to state court summarily because Defendant removed it improperly. Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, Norwalk Courthouse, 12720 Norwalk Blvd., Norwalk, CA 90650, for lack of subject matter jurisdiction pursuant to 28 U.S.C. 1447 (c). Case Terminated. Made JS-6. (iv)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LIBERTY FUND, LLC,

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Case No. CV 18-1123 MWF (SSx)

Plaintiff,
ORDER SUNII~iARILY REMANDING

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IMPROPERLY-REMOVED ACTION

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GILBERT CASTANEDA, et al.,

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Defendants.

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The Court will remand this unlawful detainer action to state
court summarily because Defendant removed it improperly.

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On February 9, 2018, Defendant Roberto Fernandez, having been

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sued in what appears to be 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 presented an application to proceed in forma

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pauperis.

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cover because the action was not properly removed.

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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.

The Court has denied the IFP application under separate

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To prevent the

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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

facts

!
~
jurisdiction,
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supporting
and

either

therefore

diversity

removal

is

or

federal-question

improper.

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U.S.C.

§ 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545

6 1 U.S. 546, 563 (2005).
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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, Norwalk

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Courthouse, 12720 Norwalk Blvd., Norwalk, CA 90650, for lack of

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subject

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(2) the Clerk send a certified copy of this Order to the state

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court; and (3) the Clerk serve copies of this Order on the parties.

matter

jurisdiction

pursuant

to

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U.S.C.

§ 1447(c);

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IT IS SO ORDERED.

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DATED: February 16, 2018

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MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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