8500 Burton Way, LLC v. Marina Kusheva

United States District Court for the Central District of California

8500 Burton Way, LLC v. Marina Kusheva

Trial Court Opinion

JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 || 8500 BURTON WAY, LLC, Case No. CV 20-1201 CJC (PVCx) 12 Plaintiff, ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION 14 || MARINA KUSHEVA, et al., 15 Defendants. 16 17 The Court will remand this unlawful detainer action to state court summarily because 18 || Defendant removed it improperly. 19 20 On February 6, 2020, Defendant, having been sued in what appears to be a routine 21 || unlawful detainer action in California state court, filed a Notice of Removal of that action to this 22 || Court and an application to proceed in forma pauperis. The Court has denied Defendant’s IFP 23 || application under separate cover because the action was not properly removed. To prevent the 24 || action from remaining in jurisdictional limbo, the Court issues this Order to remand the action to 25 || state court. 26 27 Simply stated, this action could not have been originally filed in federal court because the 28 || complaint does not competently allege facts supporting either diversity or federal-question

1 |] jurisdiction, and therefore removal is improper.

28 U.S.C. § 1441

(a); see Exxon Mobil Corp. v. 2 || Allapattah Sves., Inc.,

545 U.S. 546, 563

(2005). 3 4 Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior Court 5 || of California, County of Los Angeles, 111 N. Hill Street Los Angeles, CA 90012 for lack of 6 || subject matter jurisdiction pursuant to

28 U.S.C. § 1447

(c); (2) the Clerk send a certified copy of 7 || this Order to the state court; and (3) the Clerk serve copies of this Order on the parties. 8 9 IT IS SO ORDERED. 10 || Dated: February 11, 2020 Ke Le Go fF CORMAC J. CARNEY 2 UNITED STATES DISTRIC* JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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