Citi Mortgage v. Luera

Filing 9

ORDER ADOPTING FINDINGS and RECOMMENDATIONS That This Action Be Remanded for Lack of Subject Matter Jurisdiction 6 , 7 , signed by District Judge Anthony W. Ishii on 1/7/15. (CASE CLOSED)(Hellings, J)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

CITI MORTGAGE, INC.,
Plaintiff,

10
11

Case No. 1:14-cv-01878-AWI-SKO

v.

12
13

EVANGELINA LUERA,

14

ORDER ADOPTING FINDINGS AND
RECOMMENDATION THAT THIS
ACTION BE REMANDED FOR LACK OF
SUBJECT MATTER JURISDICTION
(Docs. 6, 7)

Defendant.
_____________________________________/

15
16
17
18

On December 3, 2014, the Magistrate Judge issued Findings and Recommendations that

19 this action be remanded for lack of subject matter jurisdiction.

These Findings and

20 Recommendations were served on all parties appearing in the action and contained notice that any
21 objections were to be filed within twenty-one (21) days after service of the order. No objections
22 were filed.
23

On December 23, 2014, Plaintiff filed a motion to remand contending that Defendant's

24 removal was procedurally improper because Defendant had materially participated in the state
25 action by filing a demurrer and an answer, and removed the action from state court days before the
26 trial. Moreover, Plaintiff asserts that the Court lacks jurisdiction over this action because the
27 complaint contains no federal question, but rather alleges a state law claim for unlawful detainer.
28

1

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

2 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the
3 Magistrate Judge's Findings and Recommendations are supported by the record and proper
4 analysis, and Plaintiff's motion to remand is moot.
5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

7

The Findings and Recommendations issued December 3, 2014, are ADOPTED IN
FULL;

8

2.

9

Plaintiff's motion to remand is denied as moot, and the hearing set for February 2,
2015, is VACATED;

10

3.

This action is REMANDED to the Fresno County Superior Court;1

11

4.

The Clerk of Court is DIRECTED to serve a copy of this order on the Fresno

12

County Superior Court.

13

5.

This case shall be closed.

14
15

IT IS SO ORDERED.

16 Dated: January 7, 2015

SENIOR DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

1

This case was filed in Fresno County Superior Court on August 21, 2014, and assigned case no. 14CECL06948.

2