Opinion
No. CV11-9290-UA(Duty)
11-17-2011
350 S. CATALINA STREET, INC., Plaintiff, v. UNURJARGAL BANZRAGCH, et aL Defendants.
ORDER SUMMARILY REMANDING
IMPROPERLY-REMOVED ACTION
On November 8, 2011, defendant Battu Bataa ("defendant"), having been sued in what appears to be a routine unlawful detainer action in California state court, lodged a Notice of Removal of that action to this Court and also presented an application to proceed Id forma pauperis.
The Court lacks subject matter jurisdiction over the instant action, as defendant does not competently allege facts supplying either diversity or federal question jurisdiction. The unlawful detainer complaint states that the amount in controversy does not exceed $10,000, and thus the diversity jurisdiction threshold of more than $75,000 in controversy is not met. See 28 U.S.C. §§ 1332,1441(b). Moreover, to the extent that defendant asserts diversity jurisdiction, he cannot properly remove the action because he resides in the forum state. 28 U.S.C. § 1441(b). Nor does plaintiffs unlawful detainer action raise any federal legal question. See 28 U.S.C. §§ 1331, 1441(b). Thus, plaintiff could not have brought this action in federal court in the first place and removal is improper. See 28 U.S.C. § 1441(a); Syngenta Crop Protection. Inc. v. Henson, 537 U.S. 28, 31, 123 S.Ct. 366, 154 L.Ed.2d 368 (2002).
Accordingly, IT IS ORDERED that this matter be remanded to the Superior Court of California, Los Angeles County, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, CA 90012, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c). IT IS FURTHER ORDERED that the Clerk of the Court send a certified copy of this Order to the state court and serve copies of this Order on all parties or their counsel.
HONORABLE AUDREY B. COLLINS
CHIEF UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
Re: Case Number: CV 11-9290-UA (Duty)
Previously Superior Court Case No. 11-U-08695
Case Name: 350 S. Catalina Street, Inc. v. Unurjargal Banzragch, et al.
Dear Sir / Madam:
Pursuant to this Court's ORDER OF REMAND issued on November 14,2011, the above-referenced case is hereby remanded to your jurisdiction.
Attached is a certified copy of the ORDER OF REMAND and a copy of the docket sheet from this Court.
Please acknowledge receipt of the above by signing the enclosed copy of this letter and returning it to our office. Thank you for your cooperation.
Respectfully,
Clerk, U. S. District Court
By:Christianna Howard
Deputy Clerk
[×] Western [] Eastern [] Southern Division
cc: Counsel of record
Receipt is acknowledged of the documents described herein.
Clerk, Superior Court
By:______
Deputy Clerk