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Fieldstone Properties and Resale LLC v. Escamilla

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 5, 2013

FIELDSTONE PROPERTIES AND RESALE LLC
v.
ESCAMILLA

The opinion of the court was delivered by: Honorable James V. Selna

CIVIL MINUTES - GENERAL

Present: The Honorable James V. Selna

Karla J. Tunis Not Present Deputy Clerk Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present Proceedings: (IN CHAMBERS) Order Remanding Action

Defendant Christopher Escamilla ("Escamilla") removed this case from the Superior Court of the State of California for the County of Orange on the basis of diversity of jurisdiction, 28 U.S.C. § 1332. (Notice of Removal, p. 2.) Escamilla alleges that he is a citizen of California. (Id.)

Apart from other apparent defects in his jurisdictional allegations,*fn1 the removal statute bars a resident of the forum state from removing a case to federal court:

A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.

28 U.S.C. § 1441(b)(2).

The case is remanded to the Superior Court for the State of California for the County of Orange.


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