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Title: the Grass Hopper, Inc. v. City of Cathedral City

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 24, 2012

TITLE: THE GRASS HOPPER, INC.
v.
CITY OF CATHEDRAL CITY

The opinion of the court was delivered by: Present: Honorable Josephine Staton Tucker, United States District Judge

JS-6

CIVIL MINUTES -- GENERAL

Dwayne Roberts N/A

Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE TO

RIVERSIDE COUNTY SUPERIOR COURT, CASE NO. RIC1212146

Plaintiff The Grass Hopper, Inc. ("Plaintiff") filed a Complaint against Defendant in Riverside County Superior Court on August 9, 2012, case number RIC1212146. (Notice of Removal ("Notice") Ex. B, Doc 1.) On August 29, 2012, Defendant removed this action on the basis of subject-matter jurisdiction pursuant to 28 U.S.C. § 1331. (Notice ¶ 5.) Defendant argues that a federal question arises because the Controlled Substances Act, 21 U.S.C. § 801 et seq., preempts California law on the basis of obstacle preemption. (Notice ¶¶ 11-15.) On September 10, 2012, this Court issued an Order, requiring Defendant to show cause why this case should not be remanded for lack of subject-matter jurisdiction. (Doc. 8.) The Court further ordered that a failure to respond by September 21, 2012, would result in remand. (Id.) To date, Defendant has not filed a response. Accordingly, the Court concludes that it lacks subject-matter jurisdiction and REMANDS this case to Riverside County Superior Court, case number RIC1212146.

20120924

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