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Deutsche Bank National v. Jose I. Garcia; Does 1-10

March 28, 2012

DEUTSCHE BANK NATIONAL TRUST, AS INDENTURE TRUSTEE, FOR NEW CENTURY HOME EQUITY TRUST
v.
JOSE I. GARCIA; DOES 1-10



The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips, U.S. District Judge

PRIORITY SEND

JS-6

CIVIL MINUTES -- GENERAL

PRESENT: HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE

Marva Dillard None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR

PLAINTIFFS:

ATTORNEYS PRESENT FOR

DEFENDANTS:

None None

PROCEEDINGS: MINUTE ORDER REMANDING ACTION TO THE

CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF RIVERSIDE (IN CHAMBERS)

On September 23, 2011, Plaintiff Deutsche Bank National Trust Company ("Plaintiff") filed a complaint for unlawful detainer ("Complaint") against Defendant Jose I. Garcia ("Defendant") in the California Superior Court for the Riverside. (See Not. of Removal.) On March 19, 2012, Defendant removed the action on the basis of this Court's jurisdiction over cases implicating civil rights, 28 U.S.C. § 1443. (See Not. of Removal at 2-5.)

Removal jurisdiction is governed by statute. See 28 U.S.C. §1441. The Ninth Circuit applies a strong presumption against removal jurisdiction, ensuring "the defendant always has the burden of establishing that removal is proper." Gaus v. , 980 F.2d 564, 566 (9th Cir. 1992) (citing Nishimoto v. Federman--Bachrach & Assocs., 903 F.2d 709, 712 n.3 (9th Cir. 1990)); see also In re Ford Motor Co./Citibank, 264 F.3d 952, 957 (9th Cir. 2001) ("The party asserting federal jurisdiction bears the burden of proving the case is properly in federal court."). "If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447(c); FW/PBS, Inc. v. , 493 U.S. 215, 231 (1990) ("federal courts are under an ...


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