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)

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The Bank of New York Mellon v. Miguel Antonio Rueda et al Doc. 7 Att. 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION WESTERN DIVISION 411 West Fourth Street, Suite 1053 Santa Ana, CA 92701-4516 (714) 338-4750 312 North Spring Street, Room G-8 Los Angeles, CA 90012 Tel: (213) 894-3535 EASTERN DIVISION TERRY NAFISI 3470 Twelfth Street, Room 134 Riverside, CA 92501 (951) 328-4450 Date: 8/15/2012 District Court Executive and Clerk of Court Los Angeles County Superior Court West District 1725 Main Street Santa Monica, CA 90401-3299 Re: Case Number: 2:12-cv-06937-R-E Previously Superior Court Case No. 12U01103 Case Name: The Bank of New York Mellon v. Miguel Antonio Rueda et al Dear Sir / Madam: Pursuant to this Court’s ORDER OF REMAND issued on above-referenced case is hereby remanded to your jurisdiction. 8/15/2012 , the Attached is a certified copy of the ORDER OF REMAND and a copy of the docket sheet from this Court. Please acknowledge receipt of the above by signing the enclosed copy of this letter and returning it to our office. Thank you for your cooperation. Respectfully, Clerk, U. S. District Court By: /s/ J. Lam (Jenny_Lam@cacd.uscourts.gov) Deputy Clerk G Western $ G Eastern G Southern Division cc: Counsel of record Receipt is acknowledged of the documents described herein. Clerk, Superior Court Date CV - 103 (09/08) By: Deputy Clerk LETTER OF TRANSMITTAL - REMAND TO SUPERIOR COURT (CIVIL) Dockets.Justia.com

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