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State, County of San Bernardino v. Grady

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 21, 2010

STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO
v.
BARBARA ANN GRADY

The opinion of the court was delivered by: Honorable Jacqueline Nguyen

CIVIL MINUTES - GENERAL

Proceedings: ORDER REMANDING CASE TO COUNTY OF SAN BERNARDINO SUPERIOR COURT (In Chambers)

On June 1, 2010, Defendant Barbara Ann Grady removed this action to this Court based on diversity jurisdiction pursuant to 28 U.S.C. 1441 and 1446. This is a child support action filed in the County of San Bernardino Superior Court.

Removal to federal court is governed by 28 U.S.C. § 1441, which in relevant part states that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants[.]" 28 U.S.C. § 1441(a). However, the Court may remand a case to state court for lack of subject matter jurisdiction. 28 U.S.C. § 1441(c).

Under 28 U.S.C. § 1331, the Court has original jurisdiction over civil actions "arising under" federal law. "The presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Caterpillar, Inc. V. Williams, 482 U.S. 386, 392 (1987). Here, Defendant has filed a Notice of Removal but the underlying child support action does not arise under the Constitution, treaty or federal statute.

Under 28 U.S.C. § 1332, the Court also has jurisdiction over civil actions where there is complete diversity of citizenship and the amount in controversy exceeds $75,000. Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir. 2001). Here, it is apparent that there is no diversity jurisdiction because Defendant is a citizen of the State of California, as are the entities of the State of California and County of San Bernardino.

For these reasons, IT IS ORDERED that this action be REMANDED to the Superior Court for the County of San Bernardino.

IT IS SO ORDERED.

20100621

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