Donald Widell v. Maria Rosario Espinoza et al

Filing 8

ORDER TO SHOW CAUSE by Judge Dean D. Pregerson: Defendants to file a brief, not to exceed ten pages, by Monday, June 10, 2013 showing cause why this action should not be remanded for lack of jurisdiction. Defendants should also deliver a courtesy copy to chambers. (lc). Modified on 5/31/2013 .(lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DONALD WIDELL, doing
business as ROYAL PROPERTY
MANAGEMENT,

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Plaintiff,
v.
MARIA ROSARIO ESPINOZA, LUIS
ESCOBAR ESPINOZA; MIGUEL
SANCHEZ,
Defendants.
___________________________

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Case No. CV 13-02105 DDP (JCx)

ORDER TO SHOW CAUSE

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Defendants are ordered to show cause why this action should

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not be remanded to state court for lack of subject matter

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jurisdiction.

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November 19, 2012.

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court on the basis of federal question jurisdiction. (Notice of

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Removal at 3.)

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Plaintiff filed an unlawful detainer complaint on
On March 22, 2013, Defendant removed to this

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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of Plaintiff’s complaint suggests a federal question.

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

Id.

“Federal law cannot be

(citations omitted)

Nor can

Here, nothing on the face

The court notes that Defendants have the burden of

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establishing removal jurisdiction.

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Defendants to file a brief, not to exceed ten pages, by Monday,

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June 10, 2013 showing cause why this action should not be remanded

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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.

Accordingly, the court orders

Defendants should also deliver a

The court will regard any failure to file an

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IT IS SO ORDERED.

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Dated: May 31, 2013
DEAN D. PREGERSON
United States District Judge

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