Wednesday, August 25, 2010

Ruiz v. Cabrera

Sometimes you live in a place you love so much you never want to leave, to the point where your landlord wants to evict you. This action is called an unlawful detainer. Julio Cabrera sued Valentin and Joes Ruiz for unlawful detainer and the Ruiz's countersued in federal court attempting to have the action heard there.

Most civil actions fit into one of two categories: 1) those involving a federal question and 2) those involving parties who live in different states and the amount in controversy exceeds $75,000. Sometimes neither are applicable. Here, Magistrate Howard Lloyd took a look at the case and found no federal court jurisdiction. Neither party disputed that and Judge Jeremy Fogel sent the case back to the Monterey Superior Court.

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