Louden, LLC v. Lopez et al
ORDER REMANDING CASE.. Signed by Judge Susan Illston on 11/9/12. (tfS, COURT STAFF) (Filed on 11/13/2012) (Additional attachment(s) added on 11/13/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
ORDER ADOPTING REPORT AND
REMANDING CASE TO SOLANO
COUNTY SUPERIOR COURT
No. C 12-05070 SI
JUAN MANUEL LOPEZ, and NORMA
Currently before the Court is Chief Magistrate Judge Maria-Elena James’ October 22, 2012
Report and Recommendation. On October 2, 2012, Judge James issued an Order to Show Cause
requiring defendants to address whether jurisdiction exists over the claims alleged in the removed
unlawful detainer complaint. Defendants failed to respond. In her Report and Recommendation, Judge
James found that there is no jurisdiction because there are no federal claims alleged in the underlying
unlawful detainer complaint. No objections to the Report and Recommendation were filed by the
November 8, 2012 deadline.
The Court has reviewed the Notice of Removal and Judge James’ Report and Recommendation,
and finds that removal was improper and that this Court lacks jurisdiction for the reasons stated in the
Report and Recommendation. Accordingly, the Court ADOPTS the Report and Recommendation and
REMANDS this case to the Superior Court for the County of Solano. All pending motions are
terminated as moot.
IT IS SO ORDERED.
Dated: November 9, 2012
United States District Judge
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