Deuteshe Bank Trust Company Americas as Trustee v. Robinson et al

Filing 10

ORDER REMANDING CASE. Signed by Judge Charles R. Breyer on 3/9/2012. (crblc2, COURT STAFF) (Filed on 3/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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v.
JOHN ROBINSON, et al.,
Defendant.

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Defendant John Robinson removed this case from state court on February 15, 2012.
See dkt. 1. The case was reassigned on March 5, 2012. See dkt. 9. Upon review of the state
court complaint attached to the Notice of Removal, it is apparent to the Court that it does not
have jurisdiction over the matter. Accordingly, the Court REMANDS the case to state court.

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ORDER OF REMAND

Plaintiff,

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No. C 12-00744 CRB

DEUTESHE BANK TRUST COMPANY
AMERICAS AS TRUSTEE,

Federal question jurisdiction exists only when a federal question exists on the face of
a well-pleaded complaint. See Wayne v. DHL Worldwide Express, 294 F.3d 1179, 1183
(9th Cir. 2002). The state court complaint here involves only a claim of unlawful detainer.
Notice of Removal Ex. A at 1. Therefore, no federal question is presented. See Deutsche
Bank Nat. Trust Co. v. Ashley, No. 07-1164, 2007 WL 2317104, at *1 (S.D. Cal. Aug. 8,
2007).
Moreover, based upon the face of the well-pleaded complaint, which alleges that the
amount in controversy is “under $10,000,” and indicates that Defendant is what is known as

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a local defendant (residing in the State in which this action has been brought), there is also no

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diversity jurisdiction. See Notice of Removal Ex. A at 1; 28 U.S.C. § 1441(b)(2).

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Accordingly, the Court REMANDS this matter to the Superior Court of the State of
California, County of Alameda.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: March 9, 2012

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United States District Court
For the Northern District of California

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G:\CRBALL\2012\744\Order Remanding Case.wpd

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