Federal National Mortgage Association v. Gallardo et al

Filing 15

ORDER GRANTING IN FORMA PUAPERIS STATUS; VACATING HEARING; REMANDING CASE TO ALAMEDA COUNTY SUPERIOR COURT 3 4 14 (Illston, Susan) (Filed on 1/14/2013)

1
2
IN THE UNITED STATES DISTRICT COURT
3
FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5
6
7

Plaintiff,

8
9
10
United States District Court
For the Northern District of California

No. C 12-04666 SI

FEDERAL NATIONAL MORTGAGE,

ORDER GRANTING IN FORMA
PUAPERIS STATUS; VACATING
HEARING; REMANDING CASE TO
ALAMEDA COUNTY SUPERIOR
COURT

v.
GALLARDO, et al.,
Defendants.

/

11
12

This case stems from an action for unlawful detainer under California state law. Defendant

13

removed the action from Alameda County Superior Court on September 6, 2012. On November 6,

14

2012, this Court issued an order to show cause why the case should not be remanded, noting that

15

unlawful detainer does not arise under federal law but is purely a creature of California law. See Docket

16

No. 12. Defendants’ response to the order to show cause was due November 20, 2012. Defendants have

17

not responded, requested an extension of time, or communicated with the Court in any way.

18

Subsequently, plaintiff filed a motion to remand, and that motion is scheduled for a hearing on February

19

8, 2013. Pursuant to Civil Local Rule 7-1(b), the Court determines that these matters are appropriate

20

for resolution without oral argument and VACATES the hearing scheduled for February 8, 2013.

21

Defendants request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) is hereby GRANTED.

22

However, defendants have failed to establish a basis for federal subject matter jurisdiction.

23

Accordingly, plaintiff’s motion to remand is GRANTED and the case is hereby REMANDED to

24

Alameda County Superior Court. This Order resolves Docket Nos. 3, 4, and 14.

25

IT IS SO ORDERED.

26
27
28

Dated: January 14, 2013
SUSAN ILLSTON
United States District Judge