Martingale Investments LLC v. Argirios Notis

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 UDVS1300166. (See document for specifics) (Attachments: # 1 CV-103) (adu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARTINGALE INVESTMENTS,
LLC,

Case No. EDCV 13-367-UA (DUTYx)

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Plaintiff,
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v.

ORDER RE: SUMMARY REMAND
DUE TO IMPROPER REMOV AL

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ARGIRIOS NOTIS,
Defendant.

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Removal and an

, On February 27,2013, Argirios Notis lodged a Notice of

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application to proceed in

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unlawful detainer action in the San 'Bernardino County Superior Court. The Court has

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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

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court.

brought suit in a straight-forward

forma pauperis. Plaintiff

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Plaintiff could not have brought this action in federal court based on federal

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question jurisdiction because the underlying matter is a straight-forward unlawful

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

diversity

27 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
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of

California, San Bernardino County, 14455 Civic Drive, Victorvile,

5 California 92392, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c);
this Order to the state court; and (3) that the

6 (2) that the Clerk send a certified copy of

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

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DATED:

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,2013

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Presented by:

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HONORABLE OSWALD PARADA

17 United States Magistrate Judge
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