CM REO Trust v. Rachel Cordero et al

Filing 3

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge George H. King: IT IS ORDERED that (1) this matter be REMANDED to the Superior Court of San Bernardino County, 17780 Arrow Highway, Fontana, CA 92336, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(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 parties. Case Terminated. Made JS-6 (Attachments: # 1 CV103) (am)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Case No. EDCVI2-2101-UA (DUTYx)

CM REO TRUST,

Plaintiff,

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vs.

ORDER SUMMARILY REMANDING
IMPROPERLY-REMOVED ACTION

RACHEL CORDERO, et aI.,
Defendants.

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The Court will remand this unlawful detainer action to state court summarily

because it has been removed improperly.

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On November 29,2012, defendants Rachel Cordero, Eva Cordero and Anna

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Arreaga, having been sued in what appears to be a routine unlawful detainer action

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in California state court, lodged a Notice of Removal of that action to this Court.

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Defendant Anna Arreaga also presented an application to proceed in forma pauperis.

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The Court has denied defendant Arreaga's application to proceed in

forma pauperis

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under separate cover because the action was not properly removed. To prevent the
limbo, the Court issues this Order to remand
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action from remaining in jurisdictional

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the action to state court.

Simply stated, plaintiff could not have brought this action in federal court in
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.

1 the first place, in that defendants do not competently allege facts supplying either

2 diversity or federal-question jurisdiction, and therefore removal is improper. 28

Mobil Corp v. Allapattah Svcs., Inc., 545 U.S. 546, 563,

3 U.S.C. §1441(a); see Exxon

4 125 S. Ct. 2611, 162 L. Ed. 2d 502 (2005). Even if complete diversity of citizenship
5 exists, the amount in controversy does not exceed the diversity-jurisdiction threshold

unlawful-detainer

6 of$75,000. See 28 U.S.C. §§ 1332, 1441(b). On the contrary, the

7 complaint recites that the amount in controversy does not exceed $10,000.
legal question.

8 Nor does plaintiffs unlawful detainer action raise any federal

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See 28 U.S.C. §§ 1331, 1441(b).

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Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the

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Superior Court of San Bernardino County, 17780 Arrow Highway, Fontana, CA

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92336, forlackofsubjectmatterjurisdictionpursuantto 28 U.S.C. § 1447(c); (2) that

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the Clerk send a certified copy of

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serve copies of this Order on the parties.

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this Order to the state court; and (3) that the Clerk

IT IS SO ORDERED.

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DATED:

/vltOlr-i
CHIEF UNITED STATES D

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Presented by:

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J11fL
David T. Bristow
United States Magistrate Judge

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