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)

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