Janene Cook v. Sharon Rae Livingston et al

Filing 11

ORDER by Judge Cormac J. Carney Summarily remanding case to Superior Court of California, Orange County, Case number 30-2015-00772774. (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JANENE COOK,

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Plaintiff,
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v.
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SHARON RAE LIVINGSTON, DOES )
1 TO 10, INCLUSIVE,
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Defendants. )
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No. SACV 15-495 CJC (FFMx)
ORDER SUMMARILY REMANDING
ACTION TO STATE COURT

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The Court will remand this action to state court summarily because purported
defendant Kimberly Sullivan removed it improperly.

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Sullivan is the alleged roommate and co-tenant of Sharon Rae Livingston, the

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defendant in what appears to be a routine unlawful detainer action in California state court

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(Orange County Superior Court Case No. 30-2015-00772774-CL-UD-HNB). On March

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31, 2015, Sullivan filed a Notice of Removal of that action to this Court and also

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presented an application to proceed in forma pauperis.

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The Court has denied the in forma pauperis application under separate cover

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because the Court lacks jurisdiction over the action. To prevent the action from remaining

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in jurisdictional limbo, the Court issues this Order to remand the action to state court.

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Simply stated, as the Court previously determined, plaintiff’s unlawful detainer

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action does not raise any federal legal question, and Livingston’s and/or Sullivan’s

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anticipated federal law defenses cannot confer federal question jurisdiction. See 28 U.S.C.

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§ 1331, 1441(a); see also Philips Petroleum Co. v. Texaco, Inc., 415 U.S. 125, 127-28, 94

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S. Ct. 1002, 39 L. Ed. 2d 209 (1974). Furthermore, even if complete diversity of

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citizenship existed, the amount in controversy does not exceed the diversity jurisdiction

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

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recites that the amount in controversy does not exceed $10,000. Therefore, removal was

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improper. See 28 U.S.C. § 1441(a)-(b).

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

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Court of California for the County of Orange, 4601 Jamboree Road, Suite 104, Newport

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Beach, CA 92660, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c);

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(2) 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: April 22, 2015
CORMAC J. CARNEY
United States District Judge

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Presented by:

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/S/ FREDERICK F. MUMM
FREDERICK F. MUMM
United States Magistrate Judge

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