Dargan

TD Bank USA, N.A. v. Dargan

Good Law
United States District Court, Southern District of CaliforniaOctober 12, 20223:22-cv-01559California832 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TD BANK USA, N.A., Case No.: 22-CV-1559-CAB-MSB

Plaintiff,

REMAND ORDER

v. DIERDRE A. DARGAN, Defendant. 16 On September 2, 2022, Plaintiff TD Bank USA, N.A., (“TD Bank”) filed a complaint against Defendant Dierdre A. Dargan in Riverside County Superior Court. [Doc. No. 1- 2.] The complaint asserts one claim for account stated and prays for $3,027.86, post- judgment interest, and costs of suit. On October 11, 2022, Dargan noticed the removal of the complaint to this Court. Because the Court lacks subject matter jurisdiction, the case is remanded to Riverside County Superior Court.1 23 24 25 1 Plaintiff's removal violates 28 U.S.C. § 1446(a), which provides that a defendant may only remove a state court action to the district within which the state court action is pending. Here, the state court action was pending in Riverside County, which is part of the Central District of California, not the Southern District of California. …

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