Maureen Harrold v. Cindy Rodriguez
Maureen Harrold v. Cindy Rodriguez
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES —- GENERAL JS-6 Case No. 2:25-cv-04056-CAS-KESx Date June 5, 2025 Title Maureen Harrold v. Cindy Rodriguez et al
Present: The Honorable CHRISTINA A. SNYDER Catherine Jeang Not Present N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (In Chambers) - ORDER TO REMAND On April 1, 2025, plaintiff Maureen Harrold (“plaintiff”) filed this unlawful detainer action against defendants Cindy Rodriguez, Robert Villegas, and Does 1-10 (“defendants’’) in Los Angeles County Superior Court. Dkt. 1 at 14. On May 6, 2025, defendant Cindy Rodriguez, proceeding pro se, removed the case to this Court. Id. at 1. On the same day, she filed a request to proceed in forma pauperis. Dkt. 3. Defendant Cindy Rodriguez asserts that this Court has jurisdiction on the basis of diversity of citizenship and on the basis of a federal question. Dkt. 1 at 2. It appears that this Court lacks subject matter jurisdiction over this action. The law is clear that “[u|nlawful detainer actions are strictly within the province of state court.” Federal Nat’] Mort. Assoc. v. Suarez,
2011 U.S. Dist. LEXIS 82300, *6 (E.D. Cal. Jul. 27, 2011); Deutsche Bank Nat’] Trust Co. v. Leonardo,
2011 U.S. Dist. LEXIS 83854, *2 (C.D. Cal. Aug. 1, 2011) (“[T]he complaint only asserts a claim for unlawful detainer, a cause of action that is purely a matter of state law.”). Here, the only claim asserted by plaintiff is for unlawful detainer against defendants. See dkt. 1 at 14. The Court therefore lacks subject matter jurisdiction and must remand. Suarez,
2011 U.S. Dist. LEXIS 82300at *6. On May 21, 2025, the Court ordered defendants to show cause, in writing, no later than June 4, 2025, why this case should not be remanded to Los Angeles County Superior Court. Dkt. 10. Defendants have failed to respond to the order to show cause. Accordingly, the Court REMANDS this case to Los Angeles County Superior Court. IT IS SO ORDERED. 00 : 00 Initials of Preparer OM
Reference
- Status
- Unknown