Louden, LLC v. Pajarillo et al

Filing 16

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION; AND REMANDING TO STATE COURT re (Docket Nos. 3, 6, 11, 14). Signed by Judge Edward M. Chen on 8/2/12. (bpf, COURT STAFF) (Filed on 8/2/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUDEN, LLC,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-12-2638 EMC (LB)

IGNACIO J. PAJARILLO, et al.,

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Defendants.
___________________________________/

ORDER ADOPTING IN PART AND
REJECTING IN PART REPORT AND
RECOMMENDATION; AND
REMANDING TO STATE COURT
(Docket Nos. 3, 6, 11, 14)

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Plaintiff Louden, LLC initiated this unlawful detainer action in state court. Defendants

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Ignacio J. Pajarillo and Norma Lopez subsequently removed the case to federal court. At the time

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that they removed the case, Ms. Lopez also filed a motion to proceed in forma pauperis. See Docket

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No. 3 (motion). Shortly thereafter, Louden made an appearance in the case and filed a motion to

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remand based on a lack of subject matter jurisdiction. See Docket No. 6 (motion). Judge Beeler

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prepared a report and recommendation on the motion to remand in which she recommended that the

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motion be granted because there was neither federal question nor diversity jurisdiction. See Docket

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No. 14 (report and recommendation). Judge Beeler also recommended that Ms. Lopez’s motion to

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proceed in forma pauperis be denied as moot. Finally, in her report, Judge Beeler noted that

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objections to the report had to be filed within fourteen days after the party was served with a copy.

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No party filed an objection to Judge Beeler’s report and recommendation.

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Having reviewed Judge Beeler’s report and recommendation, the Court hereby ADOPTS it
in part and REJECTS it in part. More specifically, the Court adopts Judge Beeler’s

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recommendation that the case be remanded for lack of subject matter jurisdiction. Her analysis is

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thorough and well reasoned on this issue.

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The Court does not adopt Judge Beeler’s recommendation to the extent she recommended

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that Ms. Lopez’s motion to proceed in forma pauperis be denied as moot. Because Ms. Lopez might

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be held accountable for at least the filing fee, the Court concludes that her motion for relief is not

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moot. Having reviewed Ms. Lopez’s financial affidavit, the Court concludes that she has adequately

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established that she meets the economic eligibility requirement of 28 U.S.C. § 1915(a) and,

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accordingly, grants her application to proceed in forma pauperis. The Court, however, still remands

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the case because of the lack of subject matter jurisdiction.

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For the Northern District of California

United States District Court

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The Clerk of the Court is directed to remand in accordance with this opinion and close the
file in this case.
This order disposes of Docket Nos. 3, 6, 11, and 14.1

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IT IS SO ORDERED.

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Dated: August 2, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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In Docket No. 11, Louden asked that its motion to remand be heard on shortened time.
Louden argued that “an order shortening time is necessary to effectuate the summary intent of
California’s unlawful detainer statutes.” Docket No. 11 (Ex Parte App. at 2). Louden’s motion is
now moot in light of the Court’s ruling herein.

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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LOUDEN LLC,
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Case Number: CV12-02638 EMC
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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IGNACIO PAJARILLO et al,
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Defendant.
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For the Northern District of California

United States District Court

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 2, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Ignacio J. Pajarillo
124 Valley Oak Lane
Vallejo, CA 94591
Norma Lopez
124 Valley Oak Lane
Vallejo, CA 94591

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Dated: August 2, 2012
Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk

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