McKinley Holding I LP v. Maria A. Salcedo
Filing
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ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge George H. King: Accordingly, IT is ORDERED that: (1) this matter be REMANDED to the Superior Court of California, Riverside County, Southwest Justice Center, 30755-D Auld Road, Murrieta, CA 92563, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § l447(c); (2) that the Clerk send a certified copy of this Order to the state court; and (3) that the Clerk serve copies of this Order on the 17 parties. Case Terminated. Made JS-6 (Attachments: # 1 CV103) (am)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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McKINLEY HOLDING I, LP,
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Plaintiff,
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Case No. ED CV l2-l897-UA (DUTYx)
ORDER SUMMARILY REMANDING
IMPROPERLY-REMOVED ACTION
vs.
MARIA A. SALCEDO,
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Defendant.
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The Court wil remand this unlawful detainer action to state court
19 summarily because defendant removed it improperly.
20 On October 31, 2012, defendant Maria A. Salcedo, having been sued in
21 what appears to be a routine unlawful detainer action in California Superior Court,
that action to this Court, and also presented an
23 application to proceed in forma pauperis. The Court has denied the latter
22 lodged a Notice of
Removal of
24 application under separate cover because the action was not properly removed. To
limbo, the Court issues this
25 prevent the action from remaining in jurisdictional
26 Order to remand the action to state court.
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Simply stated, plaintiff could not have brought this action in federal court in
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the first place, in that defendant does not competently allege facts supplying either
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1 diversity or federal question
jurisdiction. See 28 U.S.c. § l44l(a); Exxon Mobil
2 Corp v. Allapattah Svcs., Inc., 545 U.S. 546, 563, 125 S. Ct. 2611, 162 L. Ed. 2d
jurisdiction under 28 U.S.C.
4 § 1443 is basdess, as she has not satisfied either prong of the two-part test
3 502 (2005). Further, defendant's assertion of
removal
5 required for removal under § 1443(1). See Patel v. Del Taco, Inc., 446 F.3d 996,
6 999 (9th Cir. 2006). As described in more detail in the Order Denying
Filing Fee, the Notice of
8 Removal fails to assert, as a defense to the unlawful detainer action, a statutory
7 Defendant's Request to Proceed Without Prepayment of
9 right for the protection of racial equality, and also fails to point to any state statute
10 or constitutional provision that commands the state courts to ignore such federal
11 right.
12 Accordingly, IT is ORDERED that: (1) this matter be REMANDED to the
13 Superior Court of California, Riverside County, Southwest Justice Center,
14 30755-D Auld Road, Murrieta, CA 92563, for lack of subject matter jurisdiction
this
16 Order to the state court; and (3) that the Clerk serve copies of this Order on the
15 pursuant to 28 U.S.C. § l447(c); (2) that the Clerk send a certified copy of
17 parties.
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20 DATED:
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