Upward Trend, LLC v. Hughes et al

Filing 7

ORDER of Remand. Since the Court lacks jurisdiction, the action is remanded to the Superior Court of California, County of San Diego, Central Division. Signed by Judge Larry Alan Burns on 7/7/2017. (Certified Copy Sent to State Court) (All non-registered users served via U.S. Mail Service)(lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
UPWARD TREND, LLC,

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Plaintiff,

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CASE NO. 17cv1334-LAB (JLB)
ORDER OF REMAND

vs.
TIMOTHY WILLIAM HUGHES, et al.,

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Defendants.

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When a defendant removes a case from state court, and “it appears that the district

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court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447.

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Upward Trend filed an action in California state court against the Hughes for a single state

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law claim—unlawful detainer. The Hughes removed on the basis of federal question and

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diversity jurisdiction. But neither applies because there’s no federal claim on the face of

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Upward Trend’s well-pleaded complaint and both parties are California citizens fighting over

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less than $75,000. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987); 28 U.S.C. 1331–

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32. Since the Court lacks jurisdiction, the action is remanded to the Superior Court of

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California, County of San Diego, Central Division. The Clerk shall close the case. 1

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IT IS SO ORDERED.
Dated: July 7, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge

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The pending motions are dismissed as moot. See Dkt. 2, 3, 5.
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