Arthur Gross III v. Westpark Maintenance District et al

Filing 13

MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: denying 12 EX PARTE APPLICATION to Remand. (twdb)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. SACV 17-00532-CJC(DFMx) Date: April 6, 2017 Title: ARTHUR GROSS III V. WESTPARK MAINTENANCE DISTRICT ET AL. PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE Melissa Kunig Deputy Clerk ATTORNEYS PRESENT FOR PLAINTIFF: None Present N/A Court Reporter ATTORNEYS PRESENT FOR DEFENDANT: None Present PROCEEDINGS: (IN CHAMBERS) ORDER DENYING PLAINTIFF’S EX PARTE APPLICATION TO REMAND Plaintiff filed this case in Orange County Superior Court on March 1, 2017. (Dkt. 1 Ex. 1.) Defendants removed the matter to this Court on March 23, 2017. (Dkt. 1.) Plaintiff’s first cause of action is for “Civil RICO,” under federal law. (Dkt. 1 Ex. 1 ¶¶ 61–64.) Contrary to Plaintiff’s argument, the fact that Civil RICO claims may be brought in state court does not defeat Defendants’ removal on the grounds of federal question jurisdiction. (See Dkt. 12 at 8.) The Court has concurrent jurisdiction over Plaintiff’s claims because his claims include a cause of action brought under Federal law. Therefore, Defendants have the right to remove the case from Orange County Superior Court to this Court pursuant to 28 U.S.C. § 1441 (authorizing defendants to remove civil actions brought in state court if the federal court would have had original jurisdiction over the case). Accordingly, Plaintiff’s ex parte application to remand is DENIED. nhm MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk MKU

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