UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
May 17, 2012
BANK OF AMERICA, N.A.
The opinion of the court was delivered by: Present: The Honorable Dale S. Fischer, United States District Judge
CIVIL MINUTES - GENERAL
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 Los Angeles
This matter was removed from state court on April 26, 2012, based on federal question jurisdiction. The complaint is a state law unlawful detainer complaint and does not state a federal cause of action. While the notice of removal states several potential federal defenses to the complaint and federal counterclaims that might be raised, 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.,, 535 U.S. 826, 830-32 (2002).
The case is REMANDED to the Superior Court of California, County of Los Angeles.
IT IS SO ORDERED.
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