WREN LA JV, LLC v. Seung Lee

United States District Court for the Central District of California

WREN LA JV, LLC v. Seung Lee

Trial Court Opinion

1 2 3 4 5 JS-6 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 |) WREN LA JV, LLC, Case No. CV 21-7287 MCS (PVCx) 12 Plaintiff, ORDER SUMMARILY REMANDING 13 Vv. IMPROPERLY-REMOVED ACTION 14 || SEUNG LEE and AILEEN HAN, 15 Defendants. 16 17 The Court will remand this unlawful detainer action to state court summarily 18 || because Defendant removed it improperly. 19 20 On September 10, 2021, Defendant Aileen Han, having been sued in what appears 21 || to be a routine unlawful detainer action in California state court, filed a Notice of 22 || Removal of that action to this Court and an application to proceed in forma pauperis. The 23 || Court has denied Defendant’s IFP application under separate cover because the action was 24 || not properly removed. To prevent the action from remaining in jurisdictional limbo, the 25 || Court issues 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 Svcs., 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, Stanley Mosk Courthouse, 111 6 North Hill Street, Los Angeles, CA 90012, for lack of subject matter jurisdiction pursuant 7 to

28 U.S.C. § 1447

(c); (2) the Clerk send a certified copy of this Order to the state court; 8 and (3) the Clerk serve copies of this Order on the parties. 9 10 IT IS SO ORDERED. 11 12 DATED: September 14, 2021 13 14 MARK C. SCARSI 15 UNITED STATES DISTRICT JUDGE

16

17

18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown