Opinion
Case No. EDCV-11-1149-R
08-10-2011
GEORGE CHI etc v. FRIEDA KARAMAY
CIVIL MINUTES -- GENERAL
MAKE JS-6
PRESENT: HONORABLE MANUEL L. REAL, JUDGE
William Horrell
Courtroom Deputy
None Present
Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS:
None
ATTORNEYS PRESENT FOR DEFENDANT
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.
IT IS SO ORDERED.
cc: counsel of record
Initials of Deputy Clerk _____WH_____