Samuel Acosta v. Ernest Pecoraro et al, No. 2:2014cv08502 - Document 7 (C.D. Cal. 2014)
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 juris diction." 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. CV09-2337, 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. 14U13947 Case Terminated. Made JS-6 (Attachments: # 1 Remand letter) (bp)
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Samuel Acosta v. Ernest Pecoraro et al Doc. 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JS-6 CIVIL MINUTES -- GENERAL Case No. CV-14-8502-R Date: NOVEMBER 18, 2014 Title: SAMUEL ACOSTA -V.- ERNEST PECORARO, et al. ========================================================================== PRESENT: HONORABLE MANUEL L. REAL, JUDGE Christine Chung 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 ___CCH____ Dockets.Justia.com
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