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Dubose v. Just Mortgage

June 2, 2009

MICHAEL F. DUBOSE
v.
JUST MORTGAGE, INC.



The opinion of the court was delivered by: Hon. Alicemarie H. Stotler, U.S. District Judge

CIVIL MINUTES - GENERAL

Ellen Matheson Not Present

PROCEEDINGS: (IN CHAMBERS)

ORDER REMANDING THE ACTION TO STATE COURT FOR LACK OF SUBJECT MATTER JURISDICTION

On April 20, 2009, plaintiff filed a Second Amended Complaint. On May 15, 2009, the Court issued an Order to Show Cause Why the Action Should Not Be Remanded to State Court for Lack of Subject Matter Jurisdiction Returnable May 29, 2009. Plaintiff failed to file a response to the Order to Show Cause.

This District's Local Rule 8-1 provides that "[t]he statutory or other basis for the exercise of jurisdiction by this Court shall be plainly stated in the first paragraph of any document invoking this Court's jurisdiction." Here, the Second Amended Complaint does not include a federal claim and the allegations in the pleadings rule out diversity as the source of jurisdiction.

This action was removed pursuant to 28 U.S.C. § 1331, on the ground the case involved a federal question because the action arose under 15 U.S.C. § 1501, et seq. relating to the federal Truth in Lending Act. Because the action no longer involves a federal question, this Court lacks jurisdiction. Accordingly, the action is ordered remanded to state court.

The Clerk is directed to serve this order on all parties in this action. The Clerk is further directed to provide to the Orange County Superior Court Clerk a copy of this Order of Remand for filing in Case no. BC379709.

NOTICE PARTY SERVICE LIST

Case Title

Title of Document

US Attorneys Office - Civil Division -L.A.

US Attorneys Office - Civil Division - S.A. US Attorneys Office - Criminal Division -L.A. US Attorneys Office - Criminal Division -S.A. US Bankruptcy Court US Marshal Service - Los Angeles (USMLA) US Marshal Service - ...


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