Burbank Blvd Apartments Owner LLC v. Tova Cabessa et al

Filing 6

MINUTE ORDER IN CHAMBERS by Judge Stephen V. Wilson:, ORDER by Judge Stephen V. Wilson remanding case to Los Angeles Superior Court, Santa Monica, Case number 14R11167 Case Terminated. Made JS-6 (Attachments: # 1 Transmittal Letter CV103) (shb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-9902 SVW (AJWx)

Title

Burbank Blvd Apartments Owner LLC v. Tova Cabessa, et al

Present: The
Honorable

Date

January 9, 2015

STEPHEN V. WILSON, U.S. DISTRICT JUDGE
Paul M. Cruz

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

IN CHAMBERS ORDER REMANDING THE CASE TO STATE COURT

Removal jurisdiction is disfavored. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). But
it is proper if the case could have been filed in federal court originally. 28 U.S.C. § 1441; Syngenta
Crop Protection, Inc. v. Henson, 537 U.S. 28, 33 (2002). The removing party bears the burden of
establishing subject-matter jurisdiction. Gaus, 980 F.2d at 566.
Tova and Mechael Cabessa premised removal on federal question jurisdiction. (Doc. 1, Notice
of Removal, 2:24-3:12). According to the well-pleaded complaint rule, a federal question must inhere
from the plaintiff’s claims for relief. ARCO Envtl. Remediation, LLC v. Dept. of Health and Envtl.
Quality, 213 F.3d 1108, 113 (9th Cir. 2000). This case, however, is an unlawful detainer action
governed by California law, and it raises no apparent issues of federal law. Therefore, the Court lacks
subject-matter jurisdiction over this case and must remand it to state court.
In their notice of removal, the Cabessas allege that their defenses — not the plaintiff’s claims —
raise federal questions. (Doc. 1, Notice of Removal, 3:10-12). But their defenses, like the underlying
claims, sound in state law. Moreover, removal would be improper even if their defenses implicated
federal law, for a “case may not be removed to federal court on the basis of a federal defense.”
Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 14 (1983).
Tova and Mechael Cabessa failed to carry their burden of establishing subject-matter
jurisdiction. Therefore, the Court sua sponte REMANDS this case to the California Superior Court for
the County of Los Angeles.

:
Initials of Preparer
CV-90 (10/08)

CIVIL MINUTES - GENERAL

PMC
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