Summary
The United States District Court for the Central District of California sua sponte remanded the case to Orange County Superior Court for lack of subject matter jurisdiction. The court held that the complaint asserted only a state-law claim and did not present a federal question, and the defendant did not contend that diversity jurisdiction existed. The court denied the plaintiff's motion to remand as moot and vacated the scheduled hearing.
Holdings
- Federal-question jurisdiction was absent because no federal question appeared on the face of Plaintiff's properly pleaded complaint, which asserted only a state-law claim.
- The court could and did remand the action sua sponte because the case was not properly removed and the court lacked subject matter jurisdiction.
Questions Presented
- Whether the district court had federal-question jurisdiction over a complaint asserting only a California Consumer Credit Reporting Agencies Act claim.
- Whether the action should be remanded sua sponte for lack of subject matter jurisdiction.
- Whether Defendant's motion to remand should be denied as moot after the court independently ordered remand.
Disposition
remanded
Cases Cited (5)
- Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 109 (1941)(followed)
- United States v. Ceja-Prado, 333 F.3d 1046, 1051 (9th Cir. 2003)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- GFD, LLC v. Carter, 2012 WL 5830079, at *2 (C.D. Cal. Nov. 15, 2012)(followed)
- Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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