Maxim Realty and Loans, Inc. v. de Castro

Filing 11

ORDER by Judge Samuel Conti adopting 8 Report and Recommendations. (sclc1, COURT STAFF) (Filed on 10/28/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MAXIM REALTY AND LOANS, INC.,

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Plaintiff,
v.

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GRACE DE CASTRO,
For the Northern District of California

United States District Court

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Defendant.

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Case No. C 11-02960 SC
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
REMANDING CASE

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Plaintiff Maxim Realty and Loans, Inc. ("Plaintiff") brought

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this action for unlawful detainer in the Superior Court of the

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State of California, County of Alameda.

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Removal") Ex. A ("Compl.").

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("Defendant") later removed the action to federal court.

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Removal.

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Recommendation in which she recommends this Court remand this

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action to the Superior Court of the State of California, County of

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Alameda.

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ECF No. 1 ("Not. Of

Defendant Grace De Castro
Not. of

Magistrate Judge James has issued a Report and

ECF No. 8 ("Report & Recommendation").

Having reviewed the Report and Recommendation, the Court finds

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it correct, thorough, and well-reasoned, and adopts it in every

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respect.

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Complaint asserts only one state law claim for unlawful detainer.

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Diversity jurisdiction is not a proper basis for removal since

Federal question jurisdiction does not lie because the

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Plaintiff is incorporated in California and Defendant is a citizen

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and resident of California.

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Defendant failed to respond to Magistrate Judge James' Order to

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Show Cause why the case should not be remanded.

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to Show Cause").

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Not. of Removal ¶ 16.

Additionally,

ECF No. 7 ("Order

Accordingly, the Court REMANDS this action to the Superior
Court of the State of California, County of Alameda.

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IT IS SO ORDERED.

United States District Court

For the Northern District of California

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Dated:

October 28, 2011
UNITED STATES DISTRICT JUDGE

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