Acosta
Acosta v. Direct Merchants Bank
Opinion
Opinion
Whelan, J.
ORDER REMAINING ACTION TO SAN DIEGO SUPERIOR COURT
On March 18, 2002 Plaintiff Ronda L. Acosta (“Plaintiff’) commenced this action against Defendants Direct Merchant Bank and Does 1-25 (“Defendants”) in San Diego Superior Court. Plaintiff asserts claims for defamation and violations of the Federal Trade Commission Act, Consumer Credit Protection Act, Truth and Lending Act, and Federal Trade Commission Act. On May 20, 2002 Defendant Direct Merchant Bank (“DMB”) received a copy of the Complaint via United States mail. On June 14, 2002 DMB filed an Answer and a Cross Complaint against Plaintiff and Does 1-5. DMB cross claimed for breach of contract, open book account debt, and money had and received. On June 18, 2002 Defendant filed a Notice of Removal with this Court pursuant to 28 U.S.C. § 1441 (b).
The Court’s independent examination of Defendant’s Removal Notice, the Complaint, and the documents submitted facially reveals this action was improperly removed to federal court such that immediate remand is warranted under 28 U.S.C. § 1447 .
I. Legal Standard
It is well-settled that a federal court cannot reach the merits of any dispute until it confirms that it retains…