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Reverse Mortgage Solutions, Inc. v. John A. Coulter

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 8, 2011

REVERSE MORTGAGE SOLUTIONS, INC.
v.
JOHN A. COULTER

The opinion of the court was delivered by: The Honorable Dale S. Fischer, United States District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable DALE S. FISCHER, United States District Judge

Debra Plato Not Present Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (In Chambers) Order REMANDING Case to Superior Court of California, County of Los Angeles

This matter was removed from state court on December 5, 2011, based on federal question jurisdiction. The complaint was filed July 20, 2011. It is a state law unlawful detainer complaint that does not state a federal cause of action. While the notice of removal claims jurisdiction under 28 U.S.C. § 1331, (see Notice of Removal ¶¶ 6,10), federal jurisdiction is based on the plaintiff's complaint and not on any federal counterclaims or defenses that a defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 830-32 (2002).

The case is REMANDED to the Superior Court of California, County of Los Angeles.

IT IS SO ORDERED.

20111208

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