Lennox School District v. Willie Mayora et al, No. 2:2012cv00231 - Document 3 (C.D. Cal. 2012)
Court Description: MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT by Judge Manuel L. Real: 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 juris diction. 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 act ion 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. (Case Terminated. Made JS-6.) (jp) (Additional attachment(s) added on 1/13/2012: # 1 CV-103 Letter of Transmittal - Remand to Superior Court) (jp).
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Lennox School District v. Willie Mayora et al LASC, Southwest District Case No.: 11L02551 Doc. 3 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MAKE JS-6 CIVIL MINUTES -- GENERAL Case No. CV-12-231-R Date: JANUARY 12, 2012 Title: LENNOX SCHOOL DISTRICT -V- WILLIE MAYORA ========================================================================== PRESENT: HONORABLE MANUEL L. REAL, JUDGE William Horrell Courtroom Deputy None Present Court Reporter ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: None PROCEEDINGS: None MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT In this case, filed on January 10, 2012, pro se defendant seems to attempt to remove a state court unlawful detainer action to federal court, although he has not filed it as a “Notice of Removal” as should have been done, although, as detailed below, it would be an improper removal, but rather filed, as a new action, something entitled: “Defendant Willie Mayora’s Notice of Motion and Motion to Dismiss etc.” This Court construes this filing to be an attempted “Notice of Removal” of the state court action, in which pro se Willie Mayora is the defendant. This Court now rules as follows: 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 MINUTES FORM 11 CIVIL -- GEN Initials of Deputy Clerk ___WH____ Dockets.Justia.com
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