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Deutsche Bank Nat'l Trust v. Mary R Gonsalves et al

UNITED STATES DISTRICT COURT MAKE JS-6 CENTRAL DISTRICT OF CALIFORNIA


August 29, 2012

DEUTSCHE BANK NAT'L TRUST CO.
v.
MARY R GONSALVES ET AL

The opinion of the court was delivered by: Honorable Manuel L. Real, Judge

CIVIL MINUTES -- GENERAL

Kane Tien None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: None None

PROCEEDINGS: MINUTE ORDER (IN CHAMBERS) SUA SPONTE REMANDING ACTION TO STATE COURT

A district court must remand a case to state court "if at any time before final judgment it appears that the district court lacks subject matter jurisdiction." 28 U.S.C. 1447(c). Because this is an unlawful detainer action, a federal question does not present itself. See Indymac Federal Bank, F.S.B. v. Ocampo, No. CV 09-2337, 2010 WL 234828, *2 (C.D. Cal. Jan. 13, 2010) (sua sponte remanding an action to state court for lack of subject matter jurisdiction where plaintiff's complaint contained only an unlawful detainer claim). Moreover, Defendant failed to comply with the procedure for removal of civil actions. See 28 USCS § 1446. As such, this case is now REMANDED TO STATE COURT.

IT IS SO ORDERED.

cc:

counsel of record

20120829

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