CM REO Trust v. Rachel Cordero et al

Filing 8

ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOVAL by Judge George H. King remanding case to San Bernardino County Superior Court, Case number UDFS1200653. (See document for specifics) (adu) (Additional attachment(s) added on 2/13/2013: # 1 CV-103) (adu).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 CM REO TRUST,

Case No. EDCV 13-117-UA (DUTYx)

Plaintiff,

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ORDER RE: SUMMARY REMAND
DUE TO IMPROPER REMOVAL

v.

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RACHEL CORDERO, et aI.,
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Defendants.

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On January 18,2013, Rachel Cordero, Eva Cordero, and Anna Arreaga lodged a
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Notice of

Removal and an application to proceed in
forma pauperis. Plaintiff

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brought

suit in a straight-forward unlawful detainer action in the San Bernardino County

Superior Court. The Court has denied the aforementioned application under separate
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cover because this action was not properly removed. As a result, the Court issues this
Order to remand the action to state court.
Plaintiff could not have brought this action in federal court based on federal

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question

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jurisdiction because the underlying matter is a straight-forward unlawful

detainer action. 28 U.S.C. §§ 1331, 1441(a). Further, assuming a claim of diversity

jurisdiction was to be asserted as a basis for removal, the Court notes that the amount in
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1 controversy in the unlawful detainer action does not exceed $75,000, excluding interest
2 and costs. 28 U.S.C. §§ 1332(a), 1441(b).

3 Accordingly, IT is ORDERED that (1) this matter be REMANDED to the
4 Superior Court of California, San Bernardino County, 17780 Arrow Highway, Fontana,

5 California 92336, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c);
6 (2) that the Clerk send a certified copy of

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

7 Clerk serve copies of this Order on the parties.
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9 IT is SO ORDERED.

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II DATED:J 1) ,2013
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HONORABLE GEOR . KING
Chief

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14 Presented by:
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HONORABLE OSWALD PARADA

17 United States Magistrate Judge
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United States Dis rict udge