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The Bank of New York Mellon v. Ramiro Casimiro et al.

June 10, 2011

THE BANK OF NEW YORK MELLON
v.
RAMIRO CASIMIRO ET AL.



The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Present: The Honorable GARY ALLEN FEESS

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

Plaintiff The Bank of New York Mellon as Successor to JP Morgan Chase Bank, N.A., and as Trustee for the Ownit Mortgage Loan Asset-Backed Certificates, Series 2006-1 ("The Bank of New York") filed this unlawful detainer action against Defendants Ramiro and Norma Casimiro ("the Casimiros") in Ventura County Superior Court on February 18, 2011. (Docket No. 1, Not. of Removal, Ex. A [Compl.].) On June 1, 2011, the Casimiros removed the action to this Court on the purported basis of federal question jurisdiction. (Not. ¶¶ 6-10.)

Under Federal Rule of Civil Procedure 12(h)(3), "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). "[A] court may raise the question of subject matter jurisdiction, sua sponte, at any time during the pendency of the action . . . ." Snell v. Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002); see also United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 966 (9th Cir. 2004) ("Here the district court had a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not."). Thus, a court may remand a case sua sponte for lack of subject matter jurisdiction. Scofield v. Ball, No. 11-0378, 2011 WL 830104, at *1 (S.D. Cal. Mar. 4, 2011) (citing Franklin v. Murphy, 745 F.2d 1221 (9th Cir. 1984)). When a case is removed, "jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). 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).

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV11-4679 GAF(CWx)

Date June 10, 2011

The Bank of New York Mellon v. Ramiro ...


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