Wells Fargo Bank NA v. Manny Dela Cruz et al

Filing 5

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED TO STATE COURT by Judge Cormac J. Carney: This case appears to be a straightforward action for unlawful detainer, a state-law claim. The Court therefore orders Ms. Martinez to show cause why this case should not be remanded for lack of subject matter jurisdiction. Ms. Martinez shall file a response to the Courts order toshow cause by April 23, 2012. (see document for details) (mu)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-00485-CJC(JEMx)

Date: April 6, 2012

Title: WELLS FARGO BANK, NA v. MANNY DE LA CRUZ, ET AL.

PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Michelle Urie
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE REMANDED TO STATE COURT
Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) filed this unlawful detainer
action in Orange County Superior Court against Defendant Manny De La Cruz, the
owner of the subject property. Defendant Nina Martinez, a tenant of the property filed a
pre-judgment claim of right to possession, which permitted her to intervene as a
defendant in the suit. Ms. Martinez then removed the action to this Court.
A federal court has subject matter jurisdiction over a case that either raises a
question under federal law or is between diverse parties and involves an amount in
controversy of over $75,000. 28 U.S.C. §§ 1331, 1332. A district court must remand a
case to state court if it appears at any time before final judgment that the court lacks
subject matter jurisdiction. 28 U.S.C. §1447(c). This case appears to be a
straightforward action for unlawful detainer, a state-law claim. The Court therefore
orders Ms. Martinez to show cause why this case should not be remanded for lack of
subject matter jurisdiction. Ms. Martinez shall file a response to the Court’s order to
show cause by April 23, 2012. Wells Fargo will then have until April 30, 2012, to file its
reply. Upon the filing of Wells Fargo’s reply, the matter will stand submitted.
jsk
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk MU