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Home Source documents [Proposed] Order Granting Plaintiff’s Motion to Remand — Brandon Joe Williams v. United States Small Business Administration, No. 2:24-cv-09553-RGK-SK (Dkt. 12-1, C.D. Cal.)

[Proposed] Order Granting Plaintiff’s Motion to Remand — Brandon Joe Williams v. United States Small Business Administration, No. 2:24-cv-09553-RGK-SK (Dkt. 12-1, C.D. Cal.)

Summary

Proposed order submitted by plaintiff Brandon Joe Williams and filed as Document 12-1 in Brandon Joe Williams v. United States Small Business Administration, No. 2:24-cv-09553-RGK-SK, in the Central District of California before Judge R. Gary Klausner. The draft would find that the court lacks subject matter jurisdiction because the claims are based entirely on California state law, that potential federal defenses such as sovereign immunity do not establish federal jurisdiction, and that neither 28 U.S.C. § 1331 nor 28 U.S.C. § 1442(a)(1) supplies it. As proposed, it would grant the motion to remand under 28 U.S.C. § 1447(c) and send the case to the Superior Court of the State of California for the County of Los Angeles. The date and signature lines are blank.

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Full text

 Case 2:24-cv-09553-RGK-SK              Document 12-1         Filed 11/27/24       Page 1 of 2 Page ID
                                               #:129

BRANDON JOE WILLIAMS®
P.O. Box 1962
Glendale, California 91209
747-273-0799
Brandon Joe Williams, Attorney-in-fact
Brandon@williamsandwilliamslawfirm.com

                                UNITED STATES DISTRICT COURT
                               CENTRAL DISTRICT of CALIFORNIA
                               WESTERN DIVISION (LOS ANGELES)

                             CIVIL ACTION NO. 2:24-cv-09553-RGK-SK


BRANDON JOE WILLIAMS®,                              Honorable Judge R. Gary Klausner
                Plaintiff,
        v.                                         [PROPOSED] ORDER GRANTING
                                                  PLAINTIFF’S MOTION TO REMAND
UNITED STATES SMALL BUSINESS
ADMINISTRATION,


              Defendant.




TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

        Having reviewed Plaintiff’s Motion to Remand for Lack of Subject Matter Jurisdiction, the

accompanying Memorandum of Points and Authorities, and the arguments presented, the Court finds

that it lacks subject matter jurisdiction over the claims asserted in this action. Plaintiff’s claims are

based entirely on California state law and do not present a federal question. Additionally, Defendant’s

potential federal defenses, including sovereign immunity, do not establish federal jurisdiction.

        The Court concludes that this case does not meet the requirements for federal jurisdiction under

28 U.S.C. § 1331, nor does the involvement of the United States Small Business Administration confer

federal question jurisdiction under 28 U.S.C. § 1442(a)(1). Therefore, remand is appropriate under 28

U.S.C. § 1447(c).
 Case 2:24-cv-09553-RGK-SK           Document 12-1        Filed 11/27/24     Page 2 of 2 Page ID
                                            #:130

       IT IS HEREBY ORDERED that Plaintiff’s Motion to Remand is GRANTED. This case is

remanded to the Superior Court of the State of California for the County of Los Angeles.



IT IS SO ORDERED.


DATED: ________________                     BY:     _____________________________
                                                          Honorable R. Gary Klausner
                                                          United States District Judge

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