Community First Credit Union v. Chandler

Filing 20

ORDER REMANDING CASE TO SUPERIOR COURT FOR COUNTY OF SONOMA (SI, COURT STAFF) (Filed on 11/2/2010)

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Community First Credit Union v. Chandler Doc. 20 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 v. J.L. CHANDLER, Defendant. / COMMUNITY FIRST CREDIT UNION, Plaintiff, No. C 10-3743 SI ORDER REMANDING CASE TO SUPERIOR COURT FOR COUNTY OF SONOMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA On August 23, 2010, pro se defendant J.L. Chandler removed this unlawful detainer action from state court. In an amended order filed October 13, 2010, the Court ordered defendant to show cause by October 25, 2010, why this case should not be remanded to state court for lack of jurisdiction. Defendant has filed a response to the Order to Show Cause, plaintiff has filed an opposition, and defendant has filed a reply. Defendant seeks leave to file a counterclaim adding new diverse parties, and defendant contends that with the addition of these new parties, the Court will have jurisdiction over this case on the basis of diversity of citizenship. However, as stated in the Order to Show Cause, from the face of the complaint there is no federal question jurisdiction; where there is no federal question jurisdiction, an action is not removable 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 is a California resident, and thus defendant cannot remove this case to this Court. See Notice of Removal Ex. A (proposed state court crosscomplaint stating that defendant is a resident of Sonoma County, California). Moreover, when diversity of citizenship is the basis for removal, it must exist at the time the original action is filed in state court, which is not the case here. See Miller v. Grgurich, 763 F.2d 372, 373 (9th Cir. 1985). Accordingly, the Court REMANDS this case to the Superior Court for the County of Sonoma. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 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 All pending motions are DENIED as moot. The Court exercises its discretion and denies plaintiff's request for attorneys' fees and costs related to the improper removal. IT IS SO ORDERED. Dated: November 2, 2010 SUSAN ILLSTON United States District Judge 2

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