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).
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?