The Bank of New York Mellon v. Miguel Antonio Rueda et al, No. 2:2012cv06937 - Document 7 (C.D. Cal. 2012)
Court Description: MINUTES 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 subjectmatter jurisdictio n. 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. (Made JS-6 Case Terminated.) (Attachments: # 1 CV-103 Letter of Transmittal - Remand to Superior Court) (jp)
Download PDF
<![CDATA[
The Bank of New York Mellon v. Miguel Antonio Rueda et al Doc. 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MAKE JS-6 CIVIL MINUTES -- GENERAL Case No. CV-12-6937-R Date: AUGUST 15, 2012 Title: THE BANK OF NEW YORK MELLON etc -V- MIGUEL ANTONIO RUEDA ========================================================================== 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 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
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
