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Skyline Vista Equities, LLC v. Kelvin L. Scott Sr. et al

October 15, 2012

SKYLINE VISTA EQUITIES, LLC
v.
KELVIN L. SCOTT SR. ET AL



The opinion of the court was delivered by: Present: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Renee Fisher None N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

I.

INTRODUCTION & BACKGROUND

Plaintiff Skyline Vista Equities ("Skyline") filed this unlawful detainer action against Defendant Kelvin L. Scott Sr. and Does 1-10 in Los Angeles County Superior Court. (Docket No. 1 [Not. of Removal], Ex. 2 [Compl.].) Plaintiff alleges that it purchased Defendant's real property in Los Angeles, California by virtue of a lawful foreclosure sale on January 10, 2012, that Defendant refused to quit the premises, and that Plaintiff has accrued damages at the rate of $96.67 per day since May 4, 2012. (Id. ¶¶ 12-13, 19.) Defendant Billy Wallace, appearing as a Doe defendant, removed the action to this Court on September 7, 2012, asserting this Court's jurisdiction pursuant to 28 U.S.C. §§ 1331 (federal question jurisdiction), and 1332 (diversity jurisdiction). (Not. of Removal ¶¶ 3--12.) However, for the reasons set forth below, the Court concludes that Defendant has failed to establish this Court's subject matter jurisdiction. Accordingly, the Court REMANDS the case to state court.

II.

DISCUSSION

LEGAL STANDARD

Under Federal Rule of Civil Procedure 12(h)(3), "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). "[A] court may raise the question of subject matter jurisdiction, sua sponte, at any time during the pendency of the action . . . ." Snell v. Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002); see also United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 966 ...


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