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Wells Fargo Bank, Na, Etc. v. Dalisay Osilaja

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 1, 2012

WELLS FARGO BANK, NA, ETC.
v.
DALISAY OSILAJA

The opinion of the court was delivered by: 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 San Bernardino

This matter was removed from state court on April 26, 2012, based on diversity jurisdiction. However, the complaint, on its face, seeks damages not to exceed $10,000. Defendant has not demonstrated to a legal certainty that the amount in controversy exceeds $75,000. And while the notice of removal mentions potential federal law issues, federal jurisdiction is based on the plaintiff's complaint and not on any 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 San Bernardino.

IT IS SO ORDERED.

20120501

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