RTED America LLC v. Manuel Tauceda et al

Filing 7

ORDER REMANDING CASE FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dean D. Pregerson: Case to Los Angeles Superior Court, Northeast District, Pasadena, Case number 15P04869 Case Terminated. Made JS-6 (lc). Modified on 8/28/2015 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RTED AMERICA, LLC,

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Plaintiff,
v.
MANUEL TAUCEDA & MARIE E.
TAUCEDA,

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Defendants.
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___________________________

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Case No. CV 15-06037 DDP (MRWx)
ORDER REMANDING CASE FOR LACK OF
SUBJECT MATTER JURISDICTION

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Plaintiff filed an unlawful detainer complaint against

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Defendants in state court on July 8, 2015.

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action to this court on August 10, 2015 on the basis of federal

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question jurisdiction.

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federal subject matter jurisdiction in this action.

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unlawful detainer complaint raises only issues of state law, and

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the amount in controversy does not appear to exceed $75,000.

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Defendants removed the

It appears, however, that there is no
Plaintiff’s

District courts have original jurisdiction over “all civil

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actions arising under the Constitution, laws, or treaties of the

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United States.

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federal defense, “[u]nder the longstanding well-pleaded complaint

28 U.S.C. § 1331.

Though Defendants assert A

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rule, . . . a suit ‘arises under’ federal law only when the

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plaintiff’s statement of his own cause of action shows that it is

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based upon federal law.”

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(2009) (quotation, citation, and alteration omitted).

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law” cannot be predicated on a defense or counterclaim.

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Defenses based on federal law are, therefore, insufficient to

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create federal jurisdiction.

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10-04127, 2011 WL 165382, at *1-2 (C.D. Cal. Jan. 18, 2011).

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Vaden v. Discover Bank, 556 U.S. 49, 60
“Federal
Id.

See HSBC Bank USA v. Santiago, No. CV

This court lacks subject matter jurisdiction over Plaintiff’s
complaint, and therefore remands this case to state court.

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IT IS SO ORDERED.

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Dated: August 28, 2015
DEAN D. PREGERSON
United States District Judge

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