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Deutsche Bank National Trust Company v. Alan Antonino

March 15, 2012

DEUTSCHE BANK NATIONAL TRUST COMPANY
v.
ALAN ANTONINO, ET AL.



The opinion of the court was delivered by: Honorable Margaret M. Morrow

CIVIL MINUTES - GENERAL

Present: The Honorable MARGARET M. MORROW

ANEL HUERTA N/A

Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: Order Granting Plaintiff's Motion to Remand Action to Los Angeles Superior Court for Lack of Subject Matter Jurisdiction[4]

I. FACTUAL BACKGROUND

On September 21, 2011, plaintiff Deutsche Bank National Trust Co. ("Deutsche") filed an unlawful detainer action against defendants Alan, Antonino, Ludy Antonino ("the Antoninos") and certain fictitious defendants in Los Angeles Superior Court.*fn1 On December 16, 2011, the state court tried the action and entered judgment for plaintiff.*fn2 Three days later, defendants removed the action to federal court, invoking the court's federal question and diversity jurisdiction.

On December 21, 2011, plaintiff filed a motion to remand for lack of subject matter jurisdiction.*fn3 Defendants have opposed the motion.*fn4

Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds the matter appropriate for decision without oral argument and vacates the hearing scheduled for March 19, 2012. For the reasons discussed below, plaintiff's motion to remand is granted.

II. DISCUSSION

A. Legal Standards Governing Removal Jurisdiction

The right to remove a case to federal court is entirely a creature of statute. See Libhart v. Santa Monica Dairy Co., 592 F.2d 1062, 1064 (9th Cir. 1979). The removal statute, 28 U.S.C. § 1441, allows defendants to remove when a case originally filed in state court presents a federal question or is between citizens of different states and involves an amount in controversy that exceeds $75,000. See 28 U.S.C. §§ 1441(a), (b); see also 28 U.S.C. §§ 1331, 1332(a). Only state court actions that could originally have been filed in federal court may be removed. 28 ...


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