Torres v. Sanchez-Arreola

Filing 10

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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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 Plaintiff, ORDER REMANDING ACTION v. 9 ESMERALDA SANCHEZ-ARREOLA, 10 Defendant. / 11 For the Northern District of California United States District Court No. C 12-06064 WHA JUAN H. TORRES, 12 Pro se plaintiff Juan Torres filed a notice of removal to remove a state court action 13 originally filed in the San Mateo County Superior Court (Case No. Fam-0117137). The notice of 14 removal asserts that federal jurisdiction is based on diversity. 15 “If at any time before final judgment it appears that the district court lacks subject matter 16 jurisdiction, the case shall be remanded.” 28 U.S.C. 1447(c). Setting aside the fact that plaintiff, 17 not defendant, removed the action, it is clear from the face of the complaint that federal subject- 18 matter jurisdiction is lacking. First, there is no federal question, as the state court action appears 19 to be a “petition for dissolution of marriage.” There is no claim under federal law stated in the 20 petition and plaintiff's right to relief does not depend on the resolution of a substantial question 21 of federal law. Second, as this is a family law action for dissolution of marriage, the amount-in- 22 controversy requirement cannot be met. 23 The action is hereby remanded to the SUPERIOR COURT OF SAN MATEO COUNTY. 24 25 IT IS SO ORDERED. 26 27 28 Dated: January 10, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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