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Martingale Investments LLC v. Gilda Evans

November 26, 2012

MARTINGALE INVESTMENTS LLC
v.
GILDA EVANS, ET AL.



The opinion of the court was delivered by: Present: The Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

Victor Paul Cruz Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present Court Reporter

COUNSEL PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT [Docket No. 1]

This matter is before the Court on Defendant Gilda Evans's ("Defendant") Notice of Removal ("Notice"), filed November 6, 2012. For the following reasons, the Court REMANDS this action to the Superior Court of California, County of Los Angeles.

FACTUAL AND PROCEDURAL BACKGROUND

On September 18, 2012, Martingale Investments LLC ("Plaintiff") initiated this unlawful detainer action in Los Angeles County Superior Court. Plaintiff alleges that Defendant is unlawfully possessing the property located at 4801 Corbin Avenue, Tarzana, California (the "Premises") after being duly served with a Notice to Quit pursuant to California Code of Civil Procedure section 1161(a). (Notice Ex. B, at 13-16 ("Compl."), ECF No. 1.) Proceeding pro se, Defendant removed this action to the Central District of California on November 6, 2012, pursuant to 28 U.S.C §§ 1331, 1332, 1441, and 1446. (Notice 2.) To support removal under § 1331, Defendant alleges that Plaintiff has engaged in securities fraud and has caused counterfeit securities (the Summons, Complaint, declarations, and other supporting documents) to be filed in state court. (Notice 4.)

DISCUSSION

A. Sua Sponte Consideration of Subject Matter ...


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