Federal National Mortgage Association v. Gallardo et al

Filing 16

AMENDED ORDER GRANTING IN FORMA PAUPERIS STATUS; VACATING HEARING; REMANDING CASE TO CONTRA COSTA COUNTY SUPERIOR COURT (Illston, Susan) (Filed on 1/15/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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AMENDED ORDER GRANTING IN
FORMA PAUPERIS STATUS;
VACATING HEARING; REMANDING
CASE TO CONTRA COSTA COUNTY
SUPERIOR COURT

v.
GALLARDO, et al.,
Defendants.

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United States District Court
For the Northern District of California

No. C 12-04666 SI

FEDERAL NATIONAL MORTGAGE,

/

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

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

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6, 2012, this Court issued an order to show cause why the case should not be remanded, noting that

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

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

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

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

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

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

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

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

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

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Costa County Superior Court.1 This Order resolves Docket Nos. 3, 4, and 14.

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IT IS SO ORDERED.
Dated: January 15, 2013
SUSAN ILLSTON
United States District Judge

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This Order amends Docket No. 15, which incorrectly remanded the case to Alameda County
Superior Court.