UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 1, 2012
WELLS FARGO BANK, NA, ETC.
The opinion of the court was delivered by: Honorable Dale S. Fischer, United States District Judge
CIVIL MINUTES - GENERAL
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.
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