Deutsche Bank National Trust Company v. Calacsan, et al.

Filing 10

ORDER REMANDING CASE. Signed by Judge Richard Seeborg on 7/25/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 7/25/2012)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 SAN FRANCISCO DIVISION 6 7 DEUTSCHE BANK NATIONAL TRUST CO., No. C 12-02995 RS 8 Plaintiff, REMAND ORDER 9 v. DEMOCRETO M. CALACSAN, et al., 11 For the Northern District of California United States District Court 10 12 Defendants. ____________________________________/ 13 14 This action was filed as an unlawful detainer proceeding in Solano Costa Superior Court. 15 Defendant Tony Herrera removed the matter in January 2012, contending that removal jurisdiction 16 existed on the basis of federal question jurisdiction. Immediately thereafter this Court remanded the 17 action sua sponte for lack of jurisdiction. Despite this remand, defendant once again filed for 18 removal, asserting an identical basis for federal question jurisdiction. Plaintiff Deutsche Bank now 19 moves for remand and for an award of reasonable attorney’s fees and costs in the amount of 20 $790.00, as well as a bar on any future removal of this action. As this action does not arise under 21 federal law nor concerns an amount in controversy exceeding $75,000 for purposes of diversity 22 jurisdiction, subject matter jurisdiction is lacking. Accordingly, this case is hereby remanded to 23 Solano Costa Superior Court. While the Court will deny plaintiff’s request for fees and costs, 24 defendant is cautioned that any further attempts to remove this case absent an objectively reasonable 25 basis for federal jurisdiction will result in the imposition of such sanctions. As this matter is 26 appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b), the motion 27 hearing on August 2, 2012 is vacated. 28 NO. C ORDER 1 2 IT IS SO ORDERED. 3 4 5 Dated: 7/25/12 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NO. C ORDER 2

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