Shahram Saba v. Maria Sinutko

Opinion

Case 2:22-cv-00427-PA-PVC Document 8 Filed 01/24/22 Page 1 of 2 Page ID #:23

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SHAHRAM SABA, Case No. CV 22-0427 PA (PVCx)

12 Plaintiff, ORDER SUMMARILY REMANDING 13 v. IMPROPERLY-REMOVED ACTION 14 MARIA SINUTKO, et al., 15 Defendants. 16 17 The Court will remand this unlawful detainer action to state court summarily 18 because Defendant removed it improperly. 19 20 On January 20, 2022, Defendant, having been sued in what appears to be a routine 21 unlawful detainer action in California state court, filed a Notice of Removal of that action 22 to this Court and an application to proceed in forma pauperis. The Court has denied 23 Defendant’s IFP application under separate cover because the action was not properly 24 removed. To prevent the action from remaining in jurisdictional limbo, the Court issues 25 this Order to remand the action to state court. 26 27 Simply stated, this action could not have been originally filed in federal court 28 because the complaint does not competently allege facts supporting either diversity or Case 2:22-cv-00427-PA-PVC Document 8 Filed 01/24/22 Page 2of2 Page ID#:24

1 || federal-question jurisdiction, and therefore removal is improper. 28 U.S.C. § 1441(a); see 2 || Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545 U.S. 546, 563 (2005). 4 Accordingly, IT IS ORDERED that (1) this matter be REMANDED to the 5 || Superior Court of California, County of Los Angeles, Northwest District, Van Nuys 6 || Courthouse East, 6230 Sylmar Ave, Van Nuys, CA 91401 for lack of subject matter 7 || jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) the Clerk send a certified copy of this 8 || Order to the state court; and (3) the Clerk serve copies of this Order on the parties. 10 IT IS SO ORDERED. 11 12 || DATED: January 24, 2022 Cae 14 PERCY ANDERSON 16 17 18 19 20 21 22 23 24 25 26 27 28