East Bay Investments, LLC v. Sagun et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE TO THE SUPERIOR COURT FOR THE COUNTY OF ALAMEDA (Illston, Susan) (Filed on 8/5/2013)

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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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ORDER ADOPTING REPORT AND
RECOMMENDATION AND
REMANDING CASE TO THE SUPERIOR
COURT FOR THE COUNTY OF
ALAMEDA

Plaintiff,

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No. C 13-3017 SI

EAST BAY INVESTMENTS, LLC,

v.
JIMMY SAGUN and LISA SAGUN,
Defendants.

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On June 28, 2013, pro se defendants Jimmy Sagun and Lisa Sagun removed this unlawful
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detainer action from state court, asserting federal question jurisdiction as the basis for removal. This
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case was originally assigned to Magistrate Judge Spero, and on July 2, 2013, Judge Spero issued an
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Order to Show Cause directing defendants to show why the case should not be remanded to state court.
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Defendants did not respond to Order to Show Cause. On July 19, 2013, Judge Spero issued a Report
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and Recommendation finding that removal was untimely, and that there is no jurisdiction because there
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are no federal claims alleged in the unlawful detainer complaint and there is no basis for diversity
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jurisdiction. No objections to the Report and Recommendation were filed by the August 2, 2013
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deadline. This case was reassigned to the undersigned judge.
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The Court has reviewed the Notice of Removal and Judge Spero’s Report and Recommendation,
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and concludes that removal was improper and that this Court lacks jurisdiction for the reasons stated
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in the Report and Recommendation. Accordingly, the Court ADOPTS the Report and Recommendation
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and REMANDS this case to the Superior Court for the County of Alameda.

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IT IS SO ORDERED.

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Dated: August 5, 2013
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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