Filed: Feb. 08, 2019
Latest Update: Feb. 08, 2019
Summary: ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION GEORGE H. WU , District Judge . The Court will remand this unlawful detainer action to state court summarily because Defendants removed it improperly. On January 24, 2019, Defendant Hector Jin Kim, having been sued in what appears to be a routine unlawful detainer action in California state court, filed a Notice of Removal of that action to this Court and presented an application to proceed in forma pauperis . The Court has denied the IF
Summary: ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION GEORGE H. WU , District Judge . The Court will remand this unlawful detainer action to state court summarily because Defendants removed it improperly. On January 24, 2019, Defendant Hector Jin Kim, having been sued in what appears to be a routine unlawful detainer action in California state court, filed a Notice of Removal of that action to this Court and presented an application to proceed in forma pauperis . The Court has denied the IFP..
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ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION
GEORGE H. WU, District Judge.
The Court will remand this unlawful detainer action to state court summarily because Defendants removed it improperly.
On January 24, 2019, Defendant Hector Jin Kim, having been sued in what appears to be a routine unlawful detainer action in California state court, filed a Notice of Removal of that action to this Court and presented an application to proceed in forma pauperis. The Court has denied the IFP application under separate cover because the action was not properly removed. To prevent the action from remaining in jurisdictional limbo, the Court issues this Order to remand the action to state court.
Simply stated, this action could not have been originally filed in federal court because the complaint does not competently allege facts supporting either diversity or federal-question jurisdiction, and therefore removal is improper. 28 U.S.C. § 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545 U.S. 546, 563 (2005).
Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) the Clerk send a certified copy of this Order to the state court; and (3) the Clerk serve copies of this Order on the parties.
IT IS SO ORDERED.
