Torres v. Sanchez-Arreola
Filing
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ORDER REMANDING ACTION (whalc2, COURT STAFF) (Filed on 1/10/2013) (Additional attachment(s) added on 1/10/2013: # 1 Certificate of Service) (tlS, 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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Plaintiff,
ORDER REMANDING ACTION
v.
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ESMERALDA SANCHEZ-ARREOLA,
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Defendant.
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For the Northern District of California
United States District Court
No. C 12-06064 WHA
JUAN H. TORRES,
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Pro se plaintiff Juan Torres filed a notice of removal to remove a state court action
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originally filed in the San Mateo County Superior Court (Case No. Fam-0117137). The notice of
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removal asserts that federal jurisdiction is based on diversity.
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“If at any time before final judgment it appears that the district court lacks subject matter
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jurisdiction, the case shall be remanded.” 28 U.S.C. 1447(c). Setting aside the fact that plaintiff,
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not defendant, removed the action, it is clear from the face of the complaint that federal subject-
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matter jurisdiction is lacking. First, there is no federal question, as the state court action appears
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to be a “petition for dissolution of marriage.” There is no claim under federal law stated in the
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petition and plaintiff's right to relief does not depend on the resolution of a substantial question
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of federal law. Second, as this is a family law action for dissolution of marriage, the amount-in-
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controversy requirement cannot be met.
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The action is hereby remanded to the SUPERIOR COURT OF SAN MATEO COUNTY.
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IT IS SO ORDERED.
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Dated: January 10, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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