Bank of America NA v. Antonio Garcia Jr et al

Filing 5

ORDER (IN CHAMBERS): ORDER TO SHOW CAUSE RE JURISDICTION by Judge Michael W. Fitzgerald. The Court ORDERS DEFENDANT TO SHOW CAUSE, in writing, by no later than April 29, 2013, why this action should not be remanded to state court for lack of jurisdiction. Failure of Defendant to respond by the above date will result in the Court's remanding the action. (cb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. CV 13-01956-MWF (Ex)
Title:

Date: April 10, 2013

Bank of America, N.A. -v- Antonio Garcia, Jr.

PRESENT: HONORABLE MICHAEL W. FITZGERALD, U.S. DISTRICT
JUDGE
Rita Sanchez
Courtroom Deputy
ATTORNEYS PRESENT FOR PLAINTIFF:
None Present

None Present
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANTS:
None Present

PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE RE
JURISDICTION
On March 19, 2013, Defendant removed this action to federal court
(“Removal”). (Docket No. 1). The jurisdictional allegations appear to be
defective. Defendant does not sufficiently allege any form of federal jurisdiction
over this action. Defendant appears to assert the existence of federal question
jurisdiction. However, this action is one for unlawful detainer, a state law claim.
Accordingly, Defendant at most alleges the existence of a federal defense, which is
an insufficient basis on which to find federal question jurisdiction. See Caterpillar
Inc., v. Williams, 482 U.S. 386, 393, 107 S.Ct. 2425, 96 L.Ed. 2d 318 (1987)
(“Thus, it is now settled law that a case may not be removed to federal court on the
basis of a federal defense, including the defense of pre-emption, even if the defense
is anticipated in the plaintiff’s complaint, and even if both parties concede that the
federal defense is the only question truly at issue.”); see also Bank of New York
Mellon v. Lee, 2012 WL 1977311, at *2 (C.D. Cal. May 31, 2012) (applying rule
that federal defenses do not confer jurisdiction on a federal court).
Accordingly, the Court ORDERS DEFENDANT TO SHOW CAUSE, in
writing, by no later than April 29, 2013, why this action should not be remanded
to state court for lack of jurisdiction. Failure of Defendant to respond by the above
date will result in the Court’s remanding the action.
______________________________________________________________________________
CIVIL MINUTES—GENERAL
1

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. CV 13-01956-MWF (Ex)
Title:

Date: April 10, 2013

Bank of America, N.A. -v- Antonio Garcia, Jr.

The Court may not provide advice to any party, including persons who are
not represented by a lawyer. (Such persons are known as “pro se litigants.”)
However, this District does have a “Pro Se Clinic” that can provide information
and assistance about many aspects of civil litigation in this Court. The Clinic is
administered by Public Counsel, a public interest law firm, and it is staffed by
lawyers and a paralegal. In order to benefit from the guidance that the Clinic may
be in a position to provide, pro se litigants (in this case, Mr. Garcia) have to go
there directly. The Pro Se Clinic is open to members of the public on Mondays,
Wednesdays and Fridays, and is open from 9:30 a.m. to 12:00 p.m. (noon) and
from 2:00 p.m. to 4:00 p.m. Individuals seeking assistance are seen on a firstcome, first-served basis. The clinic is located in Room 525 on the 5th Floor of the
U.S. Courthouse at 312 N. Spring Street, Los Angeles, California.
Although the Clinic does not provide assistance telephonically, a pro se
litigant may call the Clinic to obtain further information. The telephone number is
[phone], ext. 270. Again, the Clinic does not provide any assistance over
the telephone; the purpose of a telephone call would be only to get more
information about the Clinic. In addition, the Court has information of importance
to pro se litigants at the “Pro Se” link on its website, http://www.cacd.uscourts.gov.

IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL
2