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Deutsche Bank National Trust Company v. Maximino Flores et al

December 10, 2010

DEUTSCHE BANK NATIONAL TRUST COMPANY
v.
MAXIMINO FLORES ET AL



The opinion of the court was delivered by: Present: The HonorableGARY Allen Feess

CIVIL MINUTES - GENERAL

Title

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

I. INTRODUCTION

Plaintiff Deutsche Bank National Trust Company ("Deutsche Bank") filed this unlawful detainer action against defendants Maximino and Epifania Flores ("Defendants") in Los Angeles County Superior Court on August 20, 2010. (Docket No. 1, Not. of Removal [Complaint for Unlawful Detainer ("Compl.")].) On November 22, 2010, Defendants removed the action to this Court. (Docket No. 1.) In their Notice of Removal, Defendants request that this Court consolidate this case with a class action suit regarding unlawful foreclosures currently pending in the Central District. (Not. of Removal ¶ 9.)

II. DISCUSSION

STANDARD FOR REMOVAL UNDER 28U.S.C.§1441

Courts "strictly construe the removal statute against removal jurisdiction," and "the defendant always has the burden of establishing that removal is proper." Gaus v. Miles, , 980 F.2d 564, 566 (9th Cir. 1992). Furthermore, "jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Id. Removal is proper only if the Court could have exercised jurisdiction over the action had it originally been filed in federal court. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). 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." Id. (emphasis added).

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 10-9017 ...


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