Opinion
No. C 13-0612 SI
03-14-2013
LOUDEN LLC, Plaintiff, v. GARY MILANO, BILL MARTIN and MARY MARTIN, Defendants.
CORRECTED ORDER REMANDING
ACTION TO CONTRA COSTA COUNTY
SUPERIOR COURT
Currently before the Court is plaintiff's third motion to remand, ex parte application for an order shortening time to hear same, and the application of defendants Bill and Mary Martin to proceed in forma pauperis.
This is the third time this unlawful detainer action (Case No. PS 12-0800, Contra Costa County Superior Court) has been removed from state court. It was previously remanded for lack of federal jurisdiction by Judge Seeborg (No. C 12-4548 RS) and Judge Armstrong (No. C 12-5972 SBA). This is the same complaint and it still lacks federal jurisdiction.
The underlying complaint for unlawful detainer named Gary Milano and Bill Martin as defendants. This removal was filed by Bill Martin and Mary Martin only. Were removal otherwise proper, which it is not, it would be rendered improper by defendants' failure to join all defendants in removal. Further, defendants neglected to file a copy of the unlawful detainer complaint with their notice of removal.
Accordingly, this action is REMANDED to the Superior Court for Contra Costa County. All pending motions are DENIED as moot.
IT IS SO ORDERED.
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SUSAN ILLSTON
United States District Judge