SCG Atlas Marquesssa LLC v. Concetta Germain et al

Filing 6

ORDER REMANDING Case to Superior Court of California, County of Riverside by Judge Dale S. Fischer. This matter was removed from state court on January 27, 2017. The complaint is a state law unlawful detainer complaint and doe3s not state a federal c ause of action. While the notice of removal claims federal question jurisdiction, federal jurisdiction is based on the plaintiff's complaint and not on any federal counterclaims or defenses that a defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc. 535 U.S. 826, 830-32 (2002). This Case is REMANDED to the Superior Court of California, County of Riverside. Case number MVC1604652 Case Terminated. Made JS-6 (bp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
JS 6
Case No.
Title

Date

EDCV 17-154 DSF (DTBx)

1/31/17

SCG Atlas Marquessa LLC v. Concetta Germain

Present: The Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order REMANDING Case to Superior Court of
California, County of Riverside

This matter was removed from state court on January 27, 2017. The complaint is a
state law unlawful detainer complaint and does not state a federal cause of action. While
the notice of removal claims federal question jurisdiction, federal jurisdiction is based on
the plaintiff’s complaint and not on any federal counterclaims or defenses that a
defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc.,
535 U.S. 826, 830-32 (2002).
The case is REMANDED to the Superior Court of California, County of Riverside.
IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Page 1 of 1