UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 30, 2012
TITLE: WELLS FARGO BANK, ET AL.
MANNY DE LA CRUZ, ET AL.
The opinion of the court was delivered by: Honorable Cormac J. Carney, United States District Judge
CIVIL MINUTES -- GENERAL
PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Michelle Urie N/A Deputy Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:
None Present None Present
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE TO STATE COURT
Defendant Nina Martinez, acting pro se, removed this action from state court on March 29, 2012. Ms. Martinez seemed to base her removal of Plaintiffs' state-law unlawful detainer action on the complete preemption doctrine based on the Protecting Tenants at Foreclosure Act. Because it was not clear from Ms. Martinez removal papers whether this Court has subject-matter jurisdiction, the Court issued an order to Ms. Martinez to show cause as to why this case should not be dismissed for lack of subject matter jurisdiction. Ms. Martinez has failed to respond to this Court's order.
A district court must remand a case to state court if it appears at any time before final judgment that the district court lacks subject matter jurisdiction. 28 U.S.C. §1447(c). Because Ms. Martinez did not respond to the Court's order to show cause, she has not provided a sufficient basis for federal question or diversity jurisdiction. 28 U.S.C. §§ 1331, 1332. Therefore, this case is hereby REMANDED to state court.
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