Summary
In Winters v. Armstrong, 37 F. 508, Judge Jackson guards against such a broad principle, and it is not in accordance with the teaching of Scovill v. Thayer, 105 U.S. 143.
Summary of this case from Banigan v. BardOpinion
NO. CIV. 09-0534 FCD DAD PS.
March 13, 2009
ORDER
The court has reviewed defendants' notice of removal to the United States District Court for the Eastern District of California under 28 U.S.C. §§ 1441(a) and (b) based on federal question jurisdiction. The court finds that the underlying complaint filed in the Superior Court of the State of California for the County of Nevada, which appears to be an ex parte application for a temporary restraining order arising out of alleged elder or dependant adult abuse, does not present a federal question and is therefore improperly before this court. Accordingly, the court REMANDS this action back to the Superior Court of California, County of Nevada.
IT IS SO ORDERED.