Opinion
Case No. CV-11-10018-R
12-05-2011
AURORA LOAN SERVICES LLC v. MARIA DOLORES GALLO
CIVIL MINUTES -- GENERAL
PRESENT: HONORABLE MANUEL L. REAL, JUDGE
William Horrell
Courtroom Deputy
None Present
Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS:
None
ATTORNEYS PRESENT FOR DEFENDANTS:
None
PROCEEDINGS: MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT
A district court must remand a case to state court "if at any time before final judgment it appears that the district court lacks subject matter jurisdiction." 28 U.S.C. 1447(c). Because this is an unlawful detainer action, a federal question does not present itself. See Indymac Federal Bank, F.S.B. v. Ocampo, No. CV 09-2337, 2010 WL 234828, *2 (C.D. Cal. Jan. 13, 2010) (sua sponte remanding an action to state court for lack of subject matter jurisdiction where plaintiff's complaint contained only an unlawful detainer claim). As such, this case is now REMANDED TO STATE COURT. In addition, the removing defendant is not named in the state court action, and has no standing to remove the action.
IT IS SO ORDERED.
cc: counsel of record