Haw v. Howard

Filing 7


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 JEFFREY HAW, 9 United States District Court For the Northern District of California 10 11 12 No. C 13-357 SI Related case: C 12-5167 SI Plaintiff, v. ORDER REMANDING ACTION TO ALAMEDA COUNTY SUPERIOR COURT JOHN HOWARD, Defendant. / 13 On December 13, 2012, this Court remanded Haw v. Howard, C 12-5167 SI (Alameda County 14 Superior Court Case No. RG 12646031), to state court, finding that this Court lacked jurisdiction over 15 that unlawful detainer case. On January 25, 2013, defendant again removed the same unlawful detainer 16 action, Haw v. Howard, C 13-357 SI (Alameda County Superior Court Case No. RG 12646031), 17 asserting the same defective grounds for jurisdiction that defendant previously asserted in C 12-5167 18 SI. Compare Docket No. 1 in C 12-5167 SI and Docket No. No. 1 in C 13-357 SI. 19 For all of the reasons set forth in the Court’s December 13, 2012 order in C 12-5167 SI (and the 20 November 27, 2012, Report and Recommendation in that case), this Court lacks jurisdiction over this 21 unlawful detainer action, and this case is hereby REMANDED to the Superior Court for the County of 22 Alameda. Defendant is directed not to remove this action again, and is informed that any future removal 23 of this unlawful detainer action will be assigned to this Court. This order resolves Docket No. 6. 24 IT IS SO ORDERED. 25 Dated: February 12, 2013 26 27 28 SUSAN ILLSTON United States District Judge

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