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Gre Development, Inc. v. Jennifer Moser

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 1, 2011

GRE DEVELOPMENT, INC.
v.
JENNIFER MOSER

CIVIL MINUTES - GENERAL

Title

Present: The Honorable ANDREW J. GUILFORD

Lisa Bredahl Not Present

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: [IN CHAMBERS] ORDER REMANDING CASE

Plaintiff GRE Development, Inc. ("Plaintiff") filed this case in state court for unlawful detainer. Defendant Jennifer Moser ("Defendant") then filed a Notice of Removal, which removed this case from state to federal court. For the reasons that follow, the Court REMANDS the case to state court.

Plaintiff's Complaint states a simple state cause of action for unlawful detainer. Defendants Notice of Removal argues that federal jurisdiction is proper "based upon federal question jurisdiction" and for diversity jurisdiction. (Notice of Removal 2, 3, 6.) But a review the Complaint makes clear that Defendant's argument fails. The Complaint does not rely on any federal law, so Defendants have not demonstrated a basis for federal jurisdiction. See 28 U.S.C. § 1441(a); Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 33 (2002) ("Under the plain terms of § 1441(a), in order properly to remove [an] action pursuant to that provision, [defendants] must demonstrate that original subject-matter jurisdiction lies in the federal courts."). And while Defendant asserts that the amount in controversy is over $75,000, there is nothing in the Complaint or the Notice of Removal to justify this determination.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SACV 11-0084 AG (RNBx)

Date February 1, 2011

Title GRE DEVELOPMENT, INC. v. JENNIFER MOSER

Further, in unlawful detainer actions, "[s]peedy adjudication is desirable to prevent subjecting the landlord to undeserved economic loss and the tenant to unmerited harassment and dispossession when his lease or rental agreement gives him the right to peaceful and undisturbed possession of the property." Lindsey v. Normet, 405 U.S. 56, 73 (1972). Improper removal of unlawful detainer cases harms the concerns stated in Lindsey. Defendants are cautioned not to improperly seek federal jurisdiction, particularly for delay.

In sum, Defendants fail to establish that federal jurisdiction exists over this case. Thus, the case is REMANDED to the appropriate state court.

Initials of

Preparer lmb

20110201

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