Colfin AI CA 4 LLC v. Marian Seaton
Filing
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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).
FILED
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lOl3 MAR II PM 4; O~l
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ClERK us .1. /.) I dl.CT £"'u-~£.._. . rJ.ic....."
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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11 COLFIN AI CA 4, LLC,
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Case No. EDCV 13-360-UA (DUTYx)
Plaintiff,
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ORDER RE: SUMMARY REMAND
DUE TO IMPROPER REMOVAL
v.
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MARIAN SEATON,
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Defendant.
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Removal and an
On February 27,2013, Marian Seaton lodged a Notice of
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brought suit in a straight-forward
application to proceed in forma pauperis. Plaintiff
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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
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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
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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, 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
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9 IT is SO ORDERED.
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11 DATED:
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,2013
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14 Presented by:
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HONORABLE OSWALD PARADA
17 United States Magistrate Judge
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¡.
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