HSBC Bank USA National Association v. Danilo B Jose et al

Filing 6

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED FOR LACK OF JURISDICTION by Judge Dean D. Pregerson: The court notes that the Defendant has the burden of establishing removal jurisdiction. Accordingly, the court orders Defendant to file a brief, not to exceed ten pages, by Tuesday, February 19, 2013 showing cause why this action should not be remanded for lack of jurisdiction. Defendant should also deliver a courtesy copy to chambers. (lc). Modified on 2/7/2013 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HSBC BANK USA, NATIONAL
ASSOCIATION AS TRUSTEE UNDER
THE POOLING etc., et al.,

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Plaintiffs,
v.
DANILO B. JOSE, MILAGROS A.
JOSE,

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Defendants.
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___________________________

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Case No. CV 13-00299 DDP (AJWx)

ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE REMANDED FOR
LACK OF JURISDICTION

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Removing Defendant Danilo B. Jose (“Defendant”) is ordered to

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show cause why this action should not be remanded to state court

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for lack of subject matter jurisdiction.

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unlawful detainer complaint on September 14, 2012.

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2013, Defendant removed to this court on the basis of both federal

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question and diversity jurisdiction. (Notice of Removal 2-3.)

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Plaintiff filed an
On January 15,

Under 28 U.S.C. § 1441(b), a defendant may remove to federal

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court “[a]ny civil action of which the district courts have

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original jurisdiction founded on a claim or right arising under the

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Constitution, treaties or laws of the United States . . . .”

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“Under the longstanding well-pleaded complaint rule, however, a

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suit ‘arises under’ federal law only when the plaintiff’s statement

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of his own cause of action shows that it is based upon federal

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law.”

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quotation marks and citation omitted).

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predicated on an actual or anticipated defense . . . .

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federal question jurisdiction rest upon an actual or anticipated

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counterclaim.”

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court may exercise diversity jurisdiction when there is complete

Vaden v. Discover Bank, 556 U.S. 49, 60 (2009) (internal

Id.

“Federal law cannot be

(citations omitted).

Nor can

Alternatively, a federal

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diversity between the parties and the amount in controversy exceeds

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$75,000.

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28 U.S.C. § 1332.

Here, nothing on the face of Plaintiff’s complaint suggests a

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federal question.

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complaint that an amount well under $75,000, and indeed well under

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$10,000, is at issue.

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Furthermore, it appears from Plaintiff’s

(Complaint at 1-2.)

The court notes that the Defendant has the burden of

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establishing removal jurisdiction.

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Defendant to file a brief, not to exceed ten pages, by Tuesday,

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February 19, 2013 showing cause why this action should not be

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remanded for lack of jurisdiction.

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courtesy copy to chambers, Room 244-J, Second Floor, 312 N. Spring

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Street, Los Angeles.

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explanatory brief as consent to remand this matter to state court.

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IT IS SO ORDERED.

Accordingly, the court orders

Defendant should also deliver a

The court will regard any failure to file an

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Dated: February 7, 2013
DEAN D. PREGERSON
United States District Judge

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