Louden, LLC v. Lopez et al

Filing 14

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).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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v.

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United States District Court
For the Northern District of California

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
REMANDING CASE TO SOLANO
COUNTY SUPERIOR COURT

Plaintiff,

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No. C 12-05070 SI

LOUDEN LLC,

JUAN MANUEL LOPEZ, and NORMA
LOPEZ,

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Defendants.

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Currently before the Court is Chief Magistrate Judge Maria-Elena James’ October 22, 2012

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Report and Recommendation. On October 2, 2012, Judge James issued an Order to Show Cause

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requiring defendants to address whether jurisdiction exists over the claims alleged in the removed

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unlawful detainer complaint. Defendants failed to respond. In her Report and Recommendation, Judge

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James found that there is no jurisdiction because there are no federal claims alleged in the underlying

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unlawful detainer complaint. No objections to the Report and Recommendation were filed by the

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November 8, 2012 deadline.

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The Court has reviewed the Notice of Removal and Judge James’ Report and Recommendation,

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and finds that removal was improper and that this Court lacks jurisdiction for the reasons stated in the

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Report and Recommendation. Accordingly, the Court ADOPTS the Report and Recommendation and

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REMANDS this case to the Superior Court for the County of Solano. All pending motions are

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terminated as moot.

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IT IS SO ORDERED.

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Dated: November 9, 2012
SUSAN ILLSTON
United States District Judge