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Deutsche Bank National Trust Company v. Elias Hernandez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 30, 2010

DEUTSCHE BANK NATIONAL TRUST COMPANY
v.
ELIAS HERNANDEZ, ET AL.

The opinion of the court was delivered by: Present: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Title

YOLANDA SKIPPER NOT REPORTED

Deputy Clerk Court Reporter

None Present None Present

Proceedings: IN CHAMBERS-ORDER REMANDING ACTION TO STATE COURT

On September 8, 2010, Plaintiff Deutsche Bank National Trust Company ("Deutsche Bank") filed a complaint in Los Angeles County Superior Court against Defendant Elias Hernandez and Doe defendants "I" through "X" for unlawful detainer. Deutsche Bank seeks possession of real property and restitution for Plaintiff's use and occupancy of the property in the amount of $45.37 per day starting on August 20, 2010. (Compl. at 2-3.) The complaint raises no federal question and Deutsche Bank demands less than $10,000 in damages. (Id. at 1.)

Defendant removed the case to this Court on October 25, 2010. On November 22, 2010, the Court issued an Order to Show Cause ("OSC") why this action should not be remanded to state court as improperly removed as there was no apparent basis for federal jurisdiction. On November 29, 2010, Plaintiff filed his Response to the OSC, in which he requests that the Court remand this case to the Superior Court.

In light of the foregoing, this action hereby REMANDED to Los Angeles County Superior Court.

IT IS SO ORDERED.

CV-90 CIVIL MINUTES-GENERAL Initials of Deputy Clerk ys

20101130

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