Bank of America, National Association v. Jaime Ornelas et al

Filing 8

(In Chambers) Order REMANDING Case to Superior Court of California, County of Los Angeles. Case number 10U03412. Case Terminated. Made JS-6 (Attachments: # 1 Remand Letter) (rne)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL JS 6 Case No. Title Date CV 12-3642 DSF (RZx) 5/17/12 Bank of America, N.A. v. Jaime Ornelas Present: The Honorable DALE S. FISCHER, United States District Judge Debra Plato Deputy Clerk Not Present Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present 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 April 26, 2012, based on federal question jurisdiction. The complaint is a state law unlawful detainer complaint and does not state a federal cause of action. While the notice of removal states several potential federal defenses to the complaint and federal counterclaims that might be raised, federal jurisdiction is based on the plaintiff’s complaint and not on any 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. CV-90 (12/02) CIVIL MINUTES - GENERAL Page 1 of 1

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