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Springleaf Financial Services, Inc., Fka American General Financial v. Maricela M. Huidor

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 13, 2012

SPRINGLEAF FINANCIAL SERVICES, INC., FKA AMERICAN GENERAL FINANCIAL SERVICES, INC.
v.
MARICELA M. HUIDOR

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

CIVIL MINUTES - GENERAL

JS6

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

On January 13, 2012, Defendant removed this matter from state court claiming federal question jurisdiction. The complaint is a state law unlawful detainer complaint and does not state a federal cause of action. While the Notice of Removal raises potential defenses based on federal law, (see Notice of Removal ¶¶ 6,10), federal question 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.

20120113

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