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9900 Tweedy #103 Trust, Udt 2/24/12 Equus Capital As Trustee v. Ana M. Gallardo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 27, 2012

9900 TWEEDY #103 TRUST, UDT 2/24/12 EQUUS CAPITAL AS TRUSTEE, PLAINTIFF,
v.
ANA M. GALLARDO, JOSE A. SALCIDO, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER REMANDING CASE FOR LACK OF SUBJECT MATTER JURISDICTION

Plaintiff filed an unlawful detainer complaint against Defendants in state court on April 2, 2012. Defendants removed the action to this court on May 31, 2012. There is no federal subject matter jurisdiction in this action. Plaintiff's unlawful detainer complaint raises only issues of state law, and the amount in controversy does not appear to exceed $75,000. Further, defenses and counterclaims based on federal law are insufficient to create federal jurisdiction. See U.S. Bank v. Teratyatstryan, No. CV 12-2876, 2012 WL 1535453, at *3 (C.D. Cal. Apr. 30, 2012); HSBC Bank USA v. Santiago, No. CV 10-04127, 2011 WL 165382, at *1-2 (C.D. Cal. Jan. 18, 2011). The court therefore remands this case to state court.

IT IS SO ORDERED.

20120727

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