Federal National Mortgage Association v. Maria M Paladin et al

Filing 5

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge George H. King: IT IS ORDERED that (1) this matter be REMANDED to the Superior Court of Moreno Valley, Riverside County, 13800 Heacock Street, Moreno Valley, CA 92557, for lack of subject m atter jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) that the Clerk send a certified copy of this Order to the state court; and (3) that the Clerk serve copies of this Order on the parties.Case Terminated. Made JS-6 (Attachments: # 1 CV103) (am)

Fit-ED
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2013 JUN 17 PM 415

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LERK U.S. DISTRICT CO.URI
CEHIRM. 01ST. OF CAL1
RIVERSIDE

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
FIRST NATIONAL
MORTGAGE ASSOCIATION
AKA: FANNIE MAE

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Plaintiff,

Case No. EDCV13-0998-UA (DUTY)
ORDER SUMMARILY REMANDING
IMPROPERLY-REMOVED ACTION

VS.

MARIA M. PALADIN AND
DOES 1TO10,
Defendants.

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The Court will remand this unlawful detainer action to state court summarily
because it has been removed improperly.
On June 3, 2013, defendant Maria M. Paladin, lodged a Notice of Removal,
seeking removal of what appears to be a routine unlawful detainer action in California
state court, to this Court and also presented an application to proceed in forma
pauperis. The Court has denied the latter application under separate cover because

26 the action was not properly removed. To prevent the action from remaining in
27 jurisdictional limbo, the Court issues this Order to remand the action to state court.
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Simply stated, plaintiff could not have brought this action in federal court in
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the first place, in that Paladin does not competently allege facts supplying either

2 diversity or federal-question jurisdiction, and therefore removal is improper. 28
3 U.S.C. § 1441(a); see Exxon Mobil Corp v. Allapattah Svcs., Inc., 545 U.S. 546,563,
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125 S. Ct. 2611, 162 L. Ed. 2d 502 (2005). Even if complete diversity of citizenship

5 exists, the amount in controversy does not exceed the diversity-jurisdiction threshold
6 of $75,000. See 28 U.S.C. § § 1332, 1441(b). On the contrary, the unlawful-detainer
7 complaint recites that the amount in controversy does not exceed $10,000.
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Nor does plaintiff’s unlawful detainer action raise any federal legal question.
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See 28 U.S.C. §§ 1331, 1441(b).
Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the

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Superior Court of Moreno Valley, Riverside County, 13800 Heacock Street, Moreno
12 Valley, CA 92557, for lack of subject matter jurisdiction pursuant to 28 U.S.C.
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§ 1447(c); (2) that the Clerk send a certified copy of this Order to the state court; and
(3) that the Clerk serve copies of this Order on the parties.
IT IS SO ORDERED.

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18 DATED:

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Presented by:

J - /. - &’

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David T. Bristow
24 United States Magistrate Judge
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