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Cach, LLC v. York

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 21, 2011

CACH, LLC
v.
YORK

The opinion of the court was delivered by: The Honorable Otis D. Wright II, United States District Judge

JS-6

CIVIL MINUTES - GENERAL

Title

Present: The Honorable Otis D. Wright II, United States District Judge

Sheila English Not reported N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not present Not present

Proceedings (In Chambers): Order REMANDING Case to State Court [1]

After considering Plaintiff's Notice of Removal, Complaint and Defendant's Cross-Complaint (Dkt. No. 1), the Court finds no removal jurisdiction under 28 U.S.C. § 1441. Only defendants have the right to remove a case from state court to federal court. Progressive West Ins. Co. v. Preciado, 479 F.3d 1014, 1017 (9th Cir. 2007). Despite the federal causes of action alleged in Defendant's Cross-Complaint, a plaintiff/cross-defendant cannot remove an action to federal court. Id.

Accordingly, the Court REMANDS this caseto the Superior Court of the State of California, County of Los Angeles, the court in which the case was originally filed. The Clerk of Court shall close this case.

IT IS SO ORDERED.

Initials of Preparer

20111221

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