Todd Essenmacher v. Charles Holifield et al
California Central District Court | |
Judge: | John F Walter |
Referred: | David T Bristow |
Case #: | 5:15-cv-00069 |
Nature of Suit | 230 Real Property - Rent Lease & Ejectment |
Cause | 28:1441 Notice of Removal |
Case Filed: | Jan 13, 2015 |
Terminated: | Jan 20, 2015 |
Last checked: Sunday Jul 12, 2015 7:20 AM PDT |
Defendant
Does
|
|
Defendant
Charles Holifield
an individual 3079 Temescal Avenue
Norco, CA 92860 |
|
Defendant
Roxann Holifield
an individual 3079 Temescal Avenue
Norco, CA 92860 |
|
Plaintiff
Todd Essenmacher
|
Represented By
|
Docket last updated: 2 hours ago |
Monday, February 23, 2015 | ||
15 | 15
![]() Receipt of Copy of Remand Transmittal Letter from Riverside Superior Court, Case No. MVC1404642, acknowledged on 1/23/2015. (gk) |
|
Wednesday, January 28, 2015 | ||
14 | 14
![]() Receipt is acknowledged of the Letter of Transmittal - Remand to Los Angeles County Superior Court at Moreno Valley Division by A. Alverado on 1/23/2015. (jp) |
|
Tuesday, January 20, 2015 | ||
13 | 13
![]() ORDER REMANDING CASE TO STATE COURT by Judge John F. Walter that this matter be, and hereby is, REMANDED to the Superior Court of California listed above, for lack of subject matter jurisdiction. (Case CLOSED and REMANDED). (jp) (jp) |
|
Att: 1
![]() |
||
12 | 12
![]() ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Judge John F. Walter that the REQUEST to Proceed In Forma Pauperis4 is hereby: DENIED. IT IS RECOMMENDED BY Magistrate Judge David T. Bristow for the following reasons: (1) District Court lacks jurisdiction. (2) SEE ORDER REMANDING TO STATE COURT. IT IS FURTHER ORDERED that this case is hereby DISMISSED. (jp) |
|
11 | 11
![]() MINUTES (IN CHAMBERS) ORDER REMANDING ACTION TO RIVERSIDE COUNTY SUPERIOR COURT by Judge John F. Walter: Defendants fail to meet their burden of demonstrating that removal is proper. Plaintiff's Complaint alleges one claim for unlawful detainer under state law. While Defendants allege in their Notice of Removal that the claim arises under federal law, "[a]n unlawful detainer action does not raise a question arising under federal law and so, once removed, must be remanded for lack of jurisdiction." Accordingly, there is no federal question jurisdiction presented by Plaintiff's action. For the foregoing reasons, this Court lacks subject matter jurisdiction over this action. Accordingly, this action is REMANDED to Riverside County Superior Court, Case Number MVC1404642, for lack of subject matter jurisdiction. ( Case Terminated. Made JS-6 ) Court Reporter: None Present. (gk) |
|
Att: 1
![]() |
||
Friday, January 16, 2015 | ||
reportrecommend
Report and Recommendation (Miscellaneous)
Fri 01/16 2:54 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge David T. Bristow. Re REQUEST to Proceed In Forma Pauperis, Declaration in Support3 , REQUEST to Proceed In Forma Pauperis, Declaration in Support4 . Proposed Order forwarded to the District Judge for approval.(dc) |
||
Thursday, January 15, 2015 | ||
10 | 10
![]() SELF-REPRESENTATION ORDER by Judge John F. Walter. (jp) |
|
9 | 9
![]() STANDING ORDER by Judge John F. Walter. This action has been assigned to the calendar of Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES (jp) |
|
8 | 8
testxtonly
Text Only Scheduling Notice
Thu 01/15 5:00 PM
TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 10:30a.m. on January 16, 2015. (All documents must bear the assigned case number) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) |
|
Wednesday, January 14, 2015 | ||
7 | 7
![]() NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (iva) |
|
6 | 6
![]() NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge David T. Bristow. (iva) |
|
Tuesday, January 13, 2015 | ||
5 | 5
![]() NOTICE OF REASSIGNMENT of Eastern Division Removal Case. Pursuant to the procedure adopted by the Court, the above entitled case has been returned to the Clerk for random reassignment. This case has been randomly reassigned to District Judge John F. Walter. The new case number will now read 5:15-cv-00069-JFW-DTBx. (iva) |
|
4 | 4
![]() REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Defendant Roxann Holifield. (iva) |
|
3 | 3
![]() REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Defendant Charles Holifield. (iva) |
|
2 | 2
![]() CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Charles Holifield, Roxann Holifield. (iva) |
|
1 | 1
![]() NOTICE OF REMOVAL from Riverside County Superior Court, case number MVC1404642 with copy of summons and complaint. Case assigned to Judge John F. Walter, Discovery to Magistrate Judge David T. Bristow. Filing fee $400 DUE, filed by Defendants Roxann Holifield, Charles Holifield. (iva) |
|
cmp
Complaint - (Discovery)
Wed 01/14 1:56 PM
CONFORMED COPY OF STATE COURT COMPLAINT against Defendants Does, Charles Holifield, Roxann Holifield, filed by Plaintiff Todd Essenmacher. (iva) |
||
answer
Answer to Complaint (Discovery)
Wed 01/14 1:58 PM
UNCONFORMED COPY OF FACE PAGE OF STATE COURT NOTICE OF DEMURRER to Complaint - (Discovery) filed by Defendants Charles Holifield, Roxann Holifield.(iva) |