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Gfd, LLC & Oakridge Mgmt, LLC v. Carter

November 15, 2012

GFD, LLC & OAKRIDGE MGMT, LLC
v.
CARTER



The opinion of the court was delivered by: Present: The Honorable Margaret M. Morrow

CIVIL MINUTES - GENERAL

ANEL HUERTA N/A

Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: Order Remanding Action to Los Angeles Superior Court for Lack of Subject Matter Jurisdiction

On July 6, 2012, plaintiffs GFD, LLC and Oakridge Management, LLC commenced this unlawful detainer action in Los Angeles Superior Court against defendant Gwendolyn Carter.*fn1 Defendant filed a notice of removal on October 18, 2012, invoking the court's jurisdiction under 28 U.S.C. § 1441.*fn2 On November 1, 2012, plaintiffs filed an ex parte application for an order remanding the action.*fn3

I. BACKGROUND

Plaintiffs allege that they are the owners of the real property located at 818 South Flower Street, Unit 3, Inglewood, California 90301.*fn4 They assert they are entitled to immediate possession of the property,*fn5 and that defendant remains in possession of the property without their authorization.*fn6

Plaintiffs allege that they acquired title to the property on December 17, 2010, by trustee's deed following foreclosure proceedings.*fn7 On March 5, 2012, they purportedly caused a ninety-day notice to quit due to foreclosure to be served on defendant.*fn8 The notice demanded that defendant quit the premises and deliver up possession of the property to plaintiffs within ninety days of service of the notice.*fn9 After the ninety days elapsed, defendant allegedly remained on the property without plaintiffs' permission or consent.*fn10

Plaintiffs seek possession of the premises via a writ of possession; damages at the rate of $50.00 per day from the expiration of the ninety day period set forth in the notice (July 5, 2012) to the date of entry of the unlawful detainer judgment, less all amounts exceeding $10,000.00, which they remit and waive; and costs of suit.

II. DISCUSSION

A. Legal Standard Regarding Removal Jurisdiction

The right to remove a case to federal court is entirely a creature of statute. See Libhart v. Santa Monica Dairy Co., 592 F.2d 1062, 1064 (9th Cir. 1979). The removal statute, 28 U.S.C. § 1441, allows defendants to remove when a case originally filed in state court presents a federal question or is between citizens of different states. See 28 U.S.C. §§ 1441(a), (b). Only state court actions that could originally have been filed in federal court may be removed. 28 U.S.C. § 1441(a) ("Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the ...


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