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JPMorgan Chase Bank, NA v. Chavez

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Dec 23, 2011
No. C 11-5129 CW (N.D. Cal. Dec. 23, 2011)

Summary

holding that there was no diversity jurisdiction in an unlawful detainer action, where the complaint was filed in the superior court as a case of "limited civil jurisdiction" involving to less than $10,000 in controversy

Summary of this case from Nationstar Mortgage, LLC v. Stolte

Opinion

No. C 11-5129 CW

12-23-2011

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, v. RITO CHAVEZ; RAQUEL CHAVEZ; DANNY CHAVEZ; SILVIA CALADO; ELLIE SALGADO; and Does 1 TO 6, inclusive, Defendants.


ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RE

DEFENDANT'S APPLICATION TO PROCEED IN FORMA PAUPERIS AND THE MOTION TO REMAND

The Court has reviewed Magistrate Judge Grewal's Report and Recommendation Re Defendant Salgado's Application to Proceed in Forma Pauperis and the Motion to Remand. The time for objections has passed and none were filed. The Court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly,

IT IS HEREBY ORDERED Defendant Salgado's Application to Proceed in Forma Pauperis is DENIED, and the Motion to Remand is GRANTED. This case is remanded to the Santa Cruz County Superior Court.

____________

CLAUDIA WILKEN

United States District Judge


Summaries of

JPMorgan Chase Bank, NA v. Chavez

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Dec 23, 2011
No. C 11-5129 CW (N.D. Cal. Dec. 23, 2011)

holding that there was no diversity jurisdiction in an unlawful detainer action, where the complaint was filed in the superior court as a case of "limited civil jurisdiction" involving to less than $10,000 in controversy

Summary of this case from Nationstar Mortgage, LLC v. Stolte
Case details for

JPMorgan Chase Bank, NA v. Chavez

Case Details

Full title:JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, v. RITO CHAVEZ…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Dec 23, 2011

Citations

No. C 11-5129 CW (N.D. Cal. Dec. 23, 2011)

Citing Cases

Nationstar Mortgage, LLC v. Stolte

Further, courts have found that the amount in controversy requirement is not met in unlawful detainer actions…