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Federal National Mortgage Association v. Armando Carrillo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 13, 2012

FEDERAL NATIONAL MORTGAGE ASSOCIATION
v.
ARMANDO CARRILLO, ET AL.

The opinion of the court was delivered by: The Honorable 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 Ventura

This matter was removed from state court on February 7, 2012, based on federal question jurisdiction. The complaint was filed November 16, 2011. It is a state law unlawful detainer complaint that does not state a federal cause of action. While the notice of removal mentions possible federal law counterclaims, 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 Ventura.

IT IS SO ORDERED.

20120213

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