Federal National Mortgage Association v. Gallardo et al
AMENDED ORDER GRANTING IN FORMA PAUPERIS STATUS; VACATING HEARING; REMANDING CASE TO CONTRA COSTA COUNTY SUPERIOR COURT (Illston, Susan) (Filed on 1/15/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
AMENDED ORDER GRANTING IN
FORMA PAUPERIS STATUS;
VACATING HEARING; REMANDING
CASE TO CONTRA COSTA COUNTY
GALLARDO, et al.,
United States District Court
For the Northern District of California
No. C 12-04666 SI
FEDERAL NATIONAL MORTGAGE,
This case stems from an action for unlawful detainer under California state law. Defendant
removed the action from Contra Costa County Superior Court on September 6, 2012. On November
6, 2012, this Court issued an order to show cause why the case should not be remanded, noting that
unlawful detainer does not arise under federal law but is purely a creature of California law. See Docket
No. 12. Defendants’ response to the order to show cause was due November 20, 2012. Defendants have
not responded, requested an extension of time, or communicated with the Court in any way.
Subsequently, plaintiff filed a motion to remand, and that motion is scheduled for a hearing on February
8, 2013. Pursuant to Civil Local Rule 7-1(b), the Court determines that these matters are appropriate
for resolution without oral argument and VACATES the hearing scheduled for February 8, 2013.
Defendants request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) is hereby GRANTED.
However, defendants have failed to establish a basis for federal subject matter jurisdiction.
Accordingly, plaintiff’s motion to remand is GRANTED and the case is hereby REMANDED to Contra
Costa County Superior Court.1 This Order resolves Docket Nos. 3, 4, and 14.
IT IS SO ORDERED.
Dated: January 15, 2013
United States District Judge
This Order amends Docket No. 15, which incorrectly remanded the case to Alameda County
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