U.S. Bank National Association as Trustee v. Sierra et al

Filing 10

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF JURISDICTION (SI, COURT STAFF) (Filed on 5/6/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 6, 2010 SUSAN ILLSTON United States District Judge US BANK NATIONAL ASSOCIATION AS TRUSTEE, v. Plaintiff, No. C 10-785 SI ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF JURISDICTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMIE GARCIA, Defendant. / On February 24, 2010, pro se defendant Jamie Garcia removed this unlawful detainer action from the Superior Court for the County of Sacramento. From the face of the complaint, this Court lacks jurisdiction. There are no federal claims in the lawsuit, and an action is not removable on the basis of diversity of citizenship if the defendant is a citizen of the state in which the action was brought. See 28 U.S.C. § 1441(a), (b). Here, defendant appears to be a California resident, making removal improper. Further, the complaint states that it seeks damages less than $10,000, far below the $75,000 amount in controversy necessary to invoke diversity jurisdiction. In any event, removal to the Northern District of California is improper because the Superior Court for the County of Sacramento is within the Eastern District of California. Accordingly, defendant is ORDERED TO SHOW CAUSE in writing no later than 2:00 pm on May 17, 2010 why this case should not be remanded to the Superior Court for the County of Sacramento. If defendant asserts that removal was proper and this Court has jurisdiction, defendant must specifically identify the basis for jurisdiction. IT IS SO ORDERED.

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