Opinion
Case No. CV 11-10017 DSF (RZx)
12-09-2011
Title Deutsche Bank National Trust Company v. Elizabeth O. Pajimula, et al.
CIVIL MINUTES - GENERAL
JS 6 Present: The Honorable DALE S. FISCHER , United States District Judge
Debra Plato
Deputy Clerk
Not Present
Court Reporter
Attorneys Present for Plaintiffs:
Not Present
Attorneys Present for Defendants
Not Present
Proceedings: (In Chambers) Order REMANDING Case to Superior Court of California, County of Los Angeles
This matter was removed from state court on December 6, 2011, based on federal question jurisdiction. The complaint was filed September 2, 2011. It is a state law unlawful detainer complaint that does not state a federal cause of action. While the notice of removal claims jurisdiction under 28 U.S.C. § 1446 (see Notice of Removal ¶¶ 6,10), federal jurisdiction is based on the plaintiff's complaint and not on any federal counterclaims or defenses that a defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 830-32 (2002).
The case is REMANDED to the Superior Court of California, County of Los Angeles.
IT IS SO ORDERED.