Louden, LLC v. Martin et al

Filing 13

CORRECTED ORDER REMANDING ACTION TO CONTRA COSTA COUNTY SUPERIOR COURT (Illston, Susan) (Filed on 3/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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No. C 13-0612 SI

LOUDEN LLC,

CORRECTED ORDER REMANDING
ACTION TO CONTRA COSTA COUNTY
SUPERIOR COURT

Plaintiff,
v.
GARY MILANO, BILL MARTIN and MARY
MARTIN,
Defendants.

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Currently before the Court is plaintiff’s third motion to remand, ex parte application for an order
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shortening time to hear same, and the application of defendants Bill and Mary Martin to proceed in
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forma pauperis.
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This is the third time this unlawful detainer action (Case No. PS 12-0800, Contra Costa County
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Superior Court) has been removed from state court.1 It was previously remanded for lack of federal

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jurisdiction by Judge Seeborg (No. C 12-4548 RS) and Judge Armstrong (No. C 12-5972 SBA). This
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is the same complaint and it still lacks federal jurisdiction.
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Accordingly, this action is REMANDED to the Superior Court for Contra Costa County. All
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pending motions are DENIED as moot.
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IT IS SO ORDERED.
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Dated: March 14, 2013
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SUSAN ILLSTON
United States District Judge

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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.