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Louden LLC v. Milano

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 14, 2013
No. C 13-0612 SI (N.D. Cal. Mar. 14, 2013)

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.

_______________

SUSAN ILLSTON

United States District Judge


Summaries of

Louden LLC v. Milano

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 14, 2013
No. C 13-0612 SI (N.D. Cal. Mar. 14, 2013)
Case details for

Louden LLC v. Milano

Case Details

Full title:LOUDEN LLC, Plaintiff, v. GARY MILANO, BILL MARTIN and MARY MARTIN…

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

Date published: Mar 14, 2013

Citations

No. C 13-0612 SI (N.D. Cal. Mar. 14, 2013)