Sam Rotter v. Alexandra Bauer

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SAM ROTTER, Case No. 2:21-cv-6731-CAS (SK)

Plaintiff, ORDER GRANTING

PLAINTIFF’S MOTION TO

v.

REMAND TO STATE COURT

ALEXANDRA BAUER,

Defendant.

I. Plaintiff Sam Rotter originally sued in Ventura County Superior Court alleging that Los Angeles County’s Department of Child Support Services unlawfully issued a child support order against him nearly two decades ago. Defendant removed that action based on purported federal question jurisdiction under 28 U.S.C. § 1331. (ECF 1). Plaintiff then filed a first amended complaint and right afterward moved to remand the action to state court. (ECF 9, 15). Defendant opposes remand and simultaneously seeks to dismiss the first amended complaint. (ECF 17, 19). Because federal question jurisdiction was lacking when Defendant removed this action, Plaintiff’s motion to remand is granted.

II.

A defendant may remove a civil action from state court to federal court so long as the federal court has original jurisdiction over the case. See 28 U.S.C. § 1441(a). Original jurisdiction exists when the complaint raises a federal question, see 28…