Louden, LLC v. Martin et al
ORDER REMANDING ACTION TO CONTRA COSTA COUNTY SUPERIOR COURT 3 5 8 (Illston, Susan) (Filed on 3/14/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 12-05070 SI
ORDER REMANDING ACTION TO
CONTRA COSTA COUNTY SUPERIOR
GARY MILANO, BILL MARTIN and MARY
Currently before the Court is plaintiff’s third motion to remand, ex parte application for an order
shortening time to hear same, and the application of defendants Bill and Mary Martin to proceed in
This is the third time this unlawful detainer action (Case No. PS 12-0800, Contra Costa County
Superior Court) has been removed from state court.1 It was previously remanded for lack of federal
jurisdiction by Judge Seeborg (No. C 12-4548 RS) and Judge Armstrong (No. C 12-5972 SBA). This
is the same complaint and it still lacks federal jurisdiction.
Accordingly, this action is REMANDED to the Superior Court for Contra Costa County. All
pending motions are DENIED as moot.
IT IS SO ORDERED.
Dated: March 14, 2013
United States District Judge
The underlying complaint for unlawful detainer named Gary Milano and Bill Martin as
defendants. This removal was filed by Bill Martin and Mary Martin only. Were removal otherwise
proper, which it is not, it would be rendered improper by defendants’ failure to join all defendants in
removal. Further, defendants neglected to file a copy of the unlawful detainer complaint with their
notice of removal.
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