Deutsche Bank Trust Company Americas et al v. Aguilar

Filing 6

ORDER RELATING CASE TO C 11-5687 SI; GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; REMANDING CASE TO CONTRA COSTA SUPERIOR COURT (Illston, Susan) (Filed on 1/25/2012) (Additional attachment(s) added on 1/26/2012: # 1 Certificate/Proof of Service) (tf, COURT STAFF).

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 11 12 13 No. C 12-298 SI Related case: C 11-5687 SI DEUTSCHE BANK NATIONAL TRUST, Plaintiff, v. D. JONATHAN AGUILAR, et al., Defendants. / ORDER RELATING CASE TO C 11-5687 SI; GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; REMANDING CASE TO CONTRA COSTA SUPERIOR COURT 14 15 16 17 On January 24, 2012, Magistrate Judge Ryu issued a sua sponte Judicial Referral for Purposes 18 of Determining Relationship of Cases, referring this case for a determination of whether it is related to 19 Deutsche Bank Trust Company Americas v. Aguilar et al., C 11-5687 SI. The Court finds that these 20 cases are related under the Civil Local Rules because C 11-5687 SI and C 12-298 SI are identical; in 21 both cases, defendant Delia Aguilar removed the same unlawful detainer action from the Superior Court 22 for the County of Contra Costa. 23 On January 12, 2012, the Court remanded C 11-3587 SI to state court, finding that this Court 24 lacked jurisdiction over the unlawful detainer case. Docket No. 13 in C 11-5687 SI. On January 19, 25 2012, defendant again removed the unlawful detainer case, asserting the same defective grounds for 26 jurisdiction that defendant previously asserted in C 11-5687 SI. Compare Docket No. 1 in C 11-5687 27 SI and Docket No. No. 1 in C 12-298 SI. 28 For all of the reasons set forth in the Court’s January 12, 2012 order in C 11-5687 SI, this Court 1 lacks jurisdiction over this unlawful detainer action, and this case is hereby REMANDED to the 2 Superior Court for the County of Contra Costa. Defendants are directed not to remove this action again, 3 and are informed that any future removal of this unlawful detainer action will be assigned to this Court. 4 5 IT IS SO ORDERED. 6 7 Dated: January 25, 2012 SUSAN ILLSTON United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?