Public Guardian Conservator for San Bernardino County Conservator for Thomas W Lee Jr v. Mari Torres et al

Filing 3

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge George H. King. (Case Terminated. Made JS-6) (Attachments: # 1 CV-103) (ad)

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FILED
CLERK U.S. DISTR!_G.T COIJR1

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OEC I 8 2.013

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CENTRAL

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BY

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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PUBLIC GUARDIAN
CONSERVATOR FORSAN
BERNARDINO COUNTY
CONSERVATOR FOR
THOMAS W. LEE JR.,

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Plaintiff,

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Case No. EDCV 13-2210-UA (DUTYx)
ORDER SUMMARILY REMANDING
IMPROPERLY-REMOVED ACTION

vs.
MARl TORRES, ET AL,

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Defendants.

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The Court will remand this unlawful detainer action to state court summarily
because it has been removed improperly.

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On December 3, 2013, defendant Mari Torres, having been sued in what

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appears to be a routine unlawful detainer action in California state court, lodged a

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Notice of Removal of that action to this Court and also presented an application to

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proceed in forma pauperis. The Court has denied the latter application under separate

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cover because the action was not properly removed. To prevent the action from

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remaining in jurisdictional limbo, the Court issues this Order to remand the action to

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state court.

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III

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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 defendant does not competently allege facts supplying either

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diversity or federal-question jurisdiction, and therefore removal is improper. 28

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U.S.C. §1441(a); see Exxon Mobil Corpv. 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

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exists, the amount in controversy does not exceed the diversity-jurisdiction threshold

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of$75,000. See 28 U.S.C. §§ 1332, 1441(b). On the contrary, the unlawful-detainer

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complaint recites that the amount in controversy does not exceed $10,000.

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Nor does plaintiffs unlawful detainer action raise any federal legal question.
See 28 U.S.C. §§ 1331, 1441(b).

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Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the

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

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CA 92335, forlack ofsubjectmatter jurisdiction pursuant to 28 U.S.C. § 1447(c); (2)

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that the Clerk send a certified copy of this Order to the state court; and (3) that the

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Clerk serve copies of this Order on the parties.

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IT IS SO ORDERED.

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DATED:

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Presented by:

J./ ffL
David T. Bristow
United States Magistrate Judge

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