THR California LP v. Doris Boykins et al

Filing 4

MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real. A district court must remand a case to state court if at any time before final judgment it appears that the district court lacks subject matter jurisdiction. 28 U.S.C. 1447(c). Because this is an u nlawful detainer action, a federal question does not present itself. See Indymac Federal Bank, F.S.B. v. Ocampo, No. CV 09-2337, 2010 WL 234828, *2 (C.D. Cal. Jan. 13, 2010) (sua sponte remanding an action to state court for lack of subject matter j urisdiction where plaintiffs complaint contained only an unlawful detainer claim). As such, this case is now REMANDED TO STATE COURT. Also, the pro se individual who seems to have attempted this removal, Vada Everett Boykins, is not the named defenda nt in the underlying action and has no standing to do anything in this case; however, had defendant Doris Boykins herself attempted the removal, the result would be the same, the case would be remanded for the reasons as listed above. IT IS SO ORDERED AND REMANDED. Remanding case to San Bernardino County Superior Court, Case number UDFS1202220. (Case Terminated. Made JS-6.) (Attachments: # 1 Remand Letter CV-103) (kti)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

WESTERN DIVISION

411 West Fourth Street, Suite 1053
Santa Ana, CA 92701-4516
[phone]

312 North Spring Street, Room G-8
Los Angeles, CA 90012
Tel: [phone]

TERRY NAFISI

District Court Executive and
Clerk of Court

EASTERN DIVISION

3470 Twelfth Street, Room 134
Riverside, CA 92501
[phone]

Date: February 19, 2013

Superior Court of California
County of San Bernardino
Fontana Division
17780 Arrow Blvd.
Fontana, CA 92335

Re: Case Number: 5:13-cv-00296-R-SPx
Previously Superior Court Case No. UDFS1202220
Case Name: THR California, L.P. v. Doris Boykins, et al.
Dear Sir / Madam:
Pursuant to this Court’s ORDER OF REMAND issued on February 19, 2013
above-referenced case is hereby remanded to your jurisdiction.

, the

Attached is a certified copy of the ORDER OF REMAND and a copy of the docket sheet from this
Court.
Please acknowledge receipt of the above by signing the enclosed copy of this letter and returning it
to our office. Thank you for your cooperation.
Respectfully,
Clerk, U. S. District Court
By: Kane Tien
Deputy Clerk
G Western
$

213-894-2945

G Eastern

G Southern Division

cc: Counsel of record

Receipt is acknowledged of the documents described herein.
Clerk, Superior Court
Date
CV - 103 (09/08)

By:

Deputy Clerk

LETTER OF TRANSMITTAL - REMAND TO SUPERIOR COURT (CIVIL)