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