Vert v. Jan

District Court, D. Utah

Vert v. Jan

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

KEVIN VERT, ORDER REMANDING ACTION Plaintiff, TO STATE COURT

v. 2:25-cv-555-DAK-DAO

SANAZ DERAKHSHANI JAN, and SEYED Judge Dale A. Kimball ALIREZA AMIDI NAMIN, Magistrate Judge Daphne A. Oberg Defendants.

Plaintiff Kevin Vert filed the Complaint in this action alleging unlawful detainer in the Riverside County Superior Court of California. Defendants Sanaz Derakhshani Jan and Seyed Alireza Amidi Namin purported to remove the action to the United States District Court for the District of Utah. “Federal courts are courts of limited jurisdiction, possessing only that power authorized by the Constitution and statute.” Gunn v. Minton,

568 U.S. 251, 256

(2013). Under

28 U.S.C. § 1441

, “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.” In this case, the original action was filed in California, which is not in the geographical area of the District of Utah. If Defendants have grounds for removing the state court action to federal district court, they must do so in the proper federal district court in California. Because removal of the action to this court was improper, the court REMANDS this action to the Riverside County Superior Court of California for further proceedings. Pursuant to

28 U.S.C. § 1447

(c), the clerk of this court shall mail a certified copy of this order of remand to the clerk of said state court. DATED this 17" day of July 2025. BY THE COURT: L he Gf, k Let DALE A. KIMBAL United States District Judge

Reference

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