Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Federal National Mortgage Assocation v. Edwin Stanley Kennedy et al

April 20, 2012

FEDERAL NATIONAL MORTGAGE ASSOCATION
v.
EDWIN STANLEY KENNEDY ET AL



The opinion of the court was delivered by: The Honorable Stephen V. Wilson, United States District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable STEPHEN V. WILSON, UNITED STATES DISTRICT JUDGE

Paul Cruz Not Reported N/A

Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: IN CHAMBERS ORDER REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT [6]

INTRODUCTION

On June 24, 2011, Plaintiff Federal National Mortgage Association ("SNMA") filed the instant action complaint in Los Angeles County Superior Court as case No. 11C02631 alleging unlawful detainer pursuant to California Code of Civil Procedure §§ 1161a. Defendants were served on July 19, 2011 and removed the action to this Court on March 7, 2012, well after the statutory period for removal expired on August 18, 2011.

On March 20, 2012, FNMA filed a Motion to Remand the case to Los Angeles County Superior Court. (Dkt. No. 6). The Court hereby REMANDS the case to Los Angeles County Superior Court because the Court lacks Federal Question Jurisdiction.

The Status Conference scheduled for Monday April 23, 2012 at 3:00 p.m. is hereby VACATED.

ANALYSIS

Federal courts are of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See, e.g., Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A "strong presumption" against removal jurisdiction exists. Gaus v. Miles, Inc., 980 F.2d 564, 567 (9th Cir. 1992). In seeking removal, the defendant bears the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.