Public Storage v. Sobayo et al

Filing 28

ORDER by Judge ARMSTRONG denying 21 Motion to Set Aside (lrc, COURT STAFF) (Filed on 2/13/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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8 PUBLIC STORAGE, a Maryland REIT
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qualified to do business in California,
Plaintiff,

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Case No: C 12-5263 SBA
ORDER
Docket 21

vs.
DOROTHY SOBAYO; NATHANIEL
SOBAYO; KINGSWAY CAPITALNATHANIEL BASOLA SOBAYO,
Defendants.

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On January 15, 2013, the Court issued an order remanding this case to the San

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Mateo County Superior Court pursuant to 28 U.S.C. § 1447(c) due to a lack of subject

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matter jurisdiction. Dkt. 17. The remand order was mailed to the San Mateo County

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Superior Court on the same day, and this case was closed. Dkt. 17, 18. On January 29,

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2013, Defendants filed a motion "for order to set aside and stay proceedings to enforce

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fraudulently obtained order to remand notice of removal and counter complaint." Dkt. 21.

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In their motion, Defendants request the Court reconsider the remand order. Id.

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When there is an absence of subject matter jurisdiction in a removed case, a district

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court must remand the case back to state court from which it was removed. See 28 U.S.C.

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§ 1447(c). "A remand order returns the case to the state courts and the federal court has no

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power to retrieve it." Seedman v. U.S. Dist. Court for Cent. Dist. of California, 837 F.2d

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413, 414 (9th Cir. 1988). A district court has no power to correct or vacate a remand order

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based on § 1447(c). Id. "Once a district court certifies a remand order to state court it is

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divested of jurisdiction and can take no further action on the case." Id.

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Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

Defendants' motion is DENIED.

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2.

This Order terminates Docket 21.

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3.

This case remains closed.

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IT IS SO ORDERED.

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Dated: 2/12/13

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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