Jinxing Investment LLC v. Mena Manuel A, Jr.
Jinxing Investment LLC v. Mena Manuel A, Jr.
Trial Court Opinion
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4 JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JINXING INVESTMENT LLC, Case No. CV 21-2510 JFW (PVCx)
12 Plaintiff, ORDER SUMMARILY REMANDING 13 v. IMPROPERLY-REMOVED ACTION 14 MENA MANUEL A., JR., 15 Defendant. 16 17 The Court will remand this unlawful detainer action to state court summarily 18 because Defendant removed it improperly. 19 20 On March 23, 2021, 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 22 to this Court and an application to proceed in forma pauperis. The Court has denied 23 Defendant’s IFP application under separate cover because the action was not properly 24 removed. To prevent the action from remaining in jurisdictional limbo, the Court issues 25 this Order to remand the action to state court. 26 27 Simply stated, this action could not have been originally filed in federal court 28 because the complaint does not competently allege facts supporting either diversity or 1 || federal-question jurisdiction, and therefore removal is improper.
28 U.S.C. § 1441(a); see 2 | Exxon Mobil Corp. v. Allapattah Sves., Inc.,
545 U.S. 546, 563(2005). 3 4 Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the 5 || Superior Court of California, County of Los Angeles, West Covina Courthouse, 1427 6 || West Covina Parkway, West Covina, CA 91790 for lack of subject matter jurisdiction 7 || pursuant to
28 U.S.C. § 1447(c); (2) the Clerk send a certified copy of this Order to the 8 || state court; and (3) the Clerk serve copies of this Order on the parties. 9 10 IT IS SO ORDERED. ll 12 || DATED: March 25, 2021 13 14 hed, yn LEE
15 BD D STATES DISTRICT JUDGE 16 ae 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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