HSBC Bank USA, National Association v. Juan Sebastian De Vivo et al, No. 2:2012cv01288 - Document 4 (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 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 actionto s tate court for lack of subject matter jurisdiction where plaintiffs complaint contained only an unlawful detainer claim). As such,this case is now REMANDED TO STATE COURT. (remanding case to Los Angeles County Superior Court Santa Clarita, Case number 11U00002) Case Terminated. Made JS-6 (Attachments: # 1 Letter REMAND to Superior Court) (pj)
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HSBC Bank USA, National Association v. Juan Sebastian De Vivo et al Doc. 4 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MAKE JS-6 CIVIL MINUTES -- GENERAL Case No. CV-12-1288-R Date: FEBRUARY 15, 2012 Title: HSBC BANK USA NA et al -V- JUAN SEBASTIAN DE VIVO ========================================================================== 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
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