German Pazmino v. Beatriz Calderon
German Pazmino v. Beatriz Calderon
Trial Court Opinion
Case 2:22-cv-08731-SVW-AFM Document12 Filed 01/10/23 Page1lof1 Page ID#:97 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 2:22-cv-08731-SVW-AFM Date January 10, 2023
: German Pazmino v. Beatriz Calderon et al Title
Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: N/A N/A Proceedings: ORDER GRANTING PLAINTIFF’S MOTION TO REMAND [8]
Before the Court is a motion to remand filed by Plaintiff German Pazmino. Defendant asserts that the Court has subject matter jurisdiction on the basis of Federal Question Jurisdiction. ECF No. 1. Yet, Plaintiff brings a single cause of action for unlawful detainer, which is a state law claim. Cooper v. Washington Mut. Bank, No. C03-554 VRW,
2003 WL 1563999, at *2 (N.D. Cal. Mar. 19, 2003) (“An unlawful detainer action does not raise a question arising under federal law and so, once removed, must be remanded for lack of jurisdiction.”). Defendant has identified no other claim that raises a question “arising under the Constitution, laws, or treaties of the United States.”
28 USC § 1331. Accordingly, the motion is GRANTED.! IT IS SO ORDERED.
1 The Court declines to impose and injunction or issue sanctions at this time. But if Defendant were to remove the case again without a proper basis, the Court may impose sanctions or take any other appropriate action.
Initials of Preparer PMC CIVIL MINUTES - GENERAL Page 1 of 1
Reference
- Status
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