Haw v. Howard

Filing 7

ORDER REMANDING ACTION TO ALAMEDA COUNTY SUPERIOR COURT (Illston, Susan) (Filed on 2/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY HAW,

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United States District Court
For the Northern District of California

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No. C 13-357 SI
Related case: C 12-5167 SI

Plaintiff,
v.

ORDER REMANDING ACTION TO
ALAMEDA COUNTY SUPERIOR
COURT

JOHN HOWARD,
Defendant.

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On December 13, 2012, this Court remanded Haw v. Howard, C 12-5167 SI (Alameda County
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Superior Court Case No. RG 12646031), to state court, finding that this Court lacked jurisdiction over
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that unlawful detainer case. On January 25, 2013, defendant again removed the same unlawful detainer
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action, Haw v. Howard, C 13-357 SI (Alameda County Superior Court Case No. RG 12646031),
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asserting the same defective grounds for jurisdiction that defendant previously asserted in C 12-5167
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SI. Compare Docket No. 1 in C 12-5167 SI and Docket No. No. 1 in C 13-357 SI.
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For all of the reasons set forth in the Court’s December 13, 2012 order in C 12-5167 SI (and the
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November 27, 2012, Report and Recommendation in that case), this Court lacks jurisdiction over this
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unlawful detainer action, and this case is hereby REMANDED to the Superior Court for the County of
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Alameda. Defendant is directed not to remove this action again, and is informed that any future removal
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of this unlawful detainer action will be assigned to this Court. This order resolves Docket No. 6.
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IT IS SO ORDERED.
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Dated: February 12, 2013
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SUSAN ILLSTON
United States District Judge