Colfin AI CA 4 LLC v. Marian Seaton

Filing 3

ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOVAL by Judge George H. King remanding case to San Bernardino County Superior Court, Case number UDDS1204668 Case Terminated. Made JS-6. (See document for specifics) (adu) (Additional attachment(s) added on 3/13/2013: # 1 CV-103) (adu).

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FILED 1 2 lOl3 MAR II PM 4; O~l 3 ClERK us .1. /.) I dl.CT £"'u-~£.._. . rJ.ic....." "fURAL D/sT.öf CAV KI ~VERS/Dt i.F. 4 -~-"'--'...~..c.__~__., 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 COLFIN AI CA 4, LLC, 12 Case No. EDCV 13-360-UA (DUTYx) Plaintiff, 13 ORDER RE: SUMMARY REMAND DUE TO IMPROPER REMOVAL v. 14 MARIAN SEATON, 15 Defendant. 16 17 Removal and an On February 27,2013, Marian Seaton lodged a Notice of 18 brought suit in a straight-forward application to proceed in forma pauperis. Plaintiff 19 20 unlawful detainer action in the San Bernardino County Superior Court. The Court has denied the aforementioned application under separate cover because this action was not 21 22 23 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 24 question 25 26 27 28 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 1 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, 303 W. 3rd Street, San 5 Bernardino, California 92415-0240, for lack of subject matter jurisdiction pursuant to 28 this Order to the state court; 6 U.S.C. § 1447(c); (2) that the Clerk send a certified copy of this Order on the parties. 7 and (3) that the Clerk serve copies of 8 9 IT is SO ORDERED. 10 11 DATED: 3h ¡, ,2013 i 12 13 14 Presented by: 15 16 HONORABLE OSWALD PARADA 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 ¡. 27 28 2

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