Hambolu v. Parkmerced Investors Properties LLC
Filing
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ORDER by Judge Hamilton denying 12 Ex Parte Application (pjhlc2, COURT STAFF) (Filed on 8/31/2012) (Additional attachment(s) added on 8/31/2012: # 1 Certificate/Proof of Service) (nah, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LYNN HAMBOLU,
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Plaintiff,
v.
No. C 12-3824 PJH
ORDER DENYING MOTIONS FOR
EX PARTE RELIEF
PARKMERCED INVESTORS
PROPERTIES LLC,
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Defendant.
_______________________________/
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For the Northern District of California
United States District Court
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On August 30, 2012, plaintiff Lynn Hambolu (“plaintiff”) filed a motion for
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repossession of her home and return of her property, and also filed a motion to remove her
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state court case (brought by her apartment complex for wrongful detainer) to federal court.
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Plaintiff has been before this court before, seeking a temporary restraining order
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preventing her eviction. See Dkts. 6, 9. The court noted that the Anti-Injunction Act
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constrains the ability of federal courts to stay state court actions, and denied plaintiff’s
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request. Plaintiff’s claims as to her apartment and her personal property relate to the
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unlawful detainer case, and thus should be litigated in state court. Accordingly, to the
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extent plaintiff’s motion seeks recovery of her apartment and her personal property, the
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motion is DENIED.
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Plaintiff also seeks removal of the state court unlawful detainer case to federal court.
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However, plaintiff has not given any basis for removal of the unlawful detainer case, and
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her motion consists largely of quotations from other cases. Moreover, unlawful detainer
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actions do nor arise under federal law, making removal improper. See, e.g., Wells Fargo
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Bank, N.A. v. Dimas, 2012 WL 1424803 (N.D. Cal. Apr. 24, 2012). Accordingly, plaintiff’s
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motion to remove case CUD-11-639063 is DENIED.
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IT IS SO ORDERED.
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Dated: August 31, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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