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Sl Capital Enterprises, LLC v. Willandson C. Sale

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 1, 2012

SL CAPITAL ENTERPRISES, LLC
v.
WILLANDSON C. SALE, ET AL.

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

CIVIL MINUTES - GENERAL

JS 6

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 Riverside

This matter was removed from state court on January 27, 2012, based on 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 states several potential federal defenses to the complaint and federal counterclaims that might be raised, federal jurisdiction is based on the plaintiff's complaint and not on any counterclaims or defenses that a defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., , 535 U.S. 826, 830-32 (2002).

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

IT IS SO ORDERED.

20120201

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