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Murguia v. Hernandez, CV 19-10531 DSF (AGRx). (2019)

Court: District Court, C.D. California Number: infdco20191230543 Visitors: 2
Filed: Dec. 27, 2019
Latest Update: Dec. 27, 2019
Summary: Order Remanding Case to State Court DALE S. FISCHER , District Judge . Defendant Jacquelyn Hernandez removed this case from state court on the basis of both diversity and federal question jurisdiction. There is no diversity jurisdiction. It is apparent from the face of the complaint that Plaintiff and at least one of the Defendants are California citizens. There are also no federal claims pleaded in the complaint, and federal jurisdiction is based on the plaintiff's complaint and not on any
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Order Remanding Case to State Court

Defendant Jacquelyn Hernandez removed this case from state court on the basis of both diversity and federal question jurisdiction. There is no diversity jurisdiction. It is apparent from the face of the complaint that Plaintiff and at least one of the Defendants are California citizens. There are also no federal claims pleaded in the complaint, and federal jurisdiction is based on the plaintiff's complaint and not on any counterclaims or defenses that a defendant might assert. See Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 830-32 (2002).

The case is REMANDED to the Superior Court of California, County of Los Angeles.

IT IS SO ORDERED.

Source:  Leagle

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