Omid Hashemi v. Alex R. Kohani et al

Filing 8

MINUTE ORDER (In Chambers): ORDER REMANDING ACTION TO STATE COURT by Judge Michael W. Fitzgerald. Accordingly, the Court REMANDS the action to the Superior Court of the State of California for the County of Los Angeles. Case remanded to Superior Court of California for the County of Los Angeles, Case number 16F05503 Case Terminated. Made JS-6 (lom)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES—GENERAL
Case No. ED CV-17-00207-MWF (KK)
Date: February 8, 2017
Title:
Palos Verdes Townhomes, LLC v. Elmer Eugenio Gunter, Jr., et al.
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER REMANDING ACTION TO STATE
COURT
On January 12, 2017, Plaintiff Palos Verdes Townhomes, LLC filed a Complaint
for Unlawful Detainer against Defendants Elmer Eugenio Gunter, Jr. and Robin Gaines
in the Riverside County Superior Court. (Notice of Removal at 3 (Docket No. 1)). On
February 3, 2017, Defendants removed the action to this Court. (Notice of Removal at
1 (Docket No. 1)).
This Court has a sua sponte obligation to confirm that it has subject matter
jurisdiction. Nevada v. Bank of Am. Corp., 672 F.3d 661, 673 (9th Cir. 2012) (“[I]t is
well established that ‘a court may raise the question of subject matter jurisdiction, sua
sponte, at any time during the pendency of the action . . . .’” (quoting Snell v.
Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002))).
The Court cannot assert jurisdiction over this matter, because the matter does not
arise under federal law. “For a case to ‘arise under’ federal law, a plaintiff’s wellpleaded complaint must establish either (1) that federal law creates the cause of action
or (2) that the plaintiff’s asserted right to relief depends on the resolution of a
substantial question of federal law.” K2 Am. Corp. v. Rolland Oil & Gas, LLC, 653
F.3d 1024, 1029 (9th Cir. 2011) (citation and internal quotation marks omitted).
Importantly, there is no federal question jurisdiction even if there is a federal defense
to the claim or a counterclaim arising under federal law. Caterpillar, Inc. v. Williams,
482 U.S. 386, 392-93 (1987).
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CIVIL MINUTES—GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. ED CV-17-00207-MWF (KK)
Date: February 8, 2017
Title:
Palos Verdes Townhomes, LLC v. Elmer Eugenio Gunter, Jr., et al.
Defendants contend that the Complaint arises under federal law because
Plaintiff’s lawsuit violates federal anti-discrimination laws, including 42 U.S.C. §
1983. (Notice of Removal at 2). But Plaintiff’s Complaint includes only the state law
claim for unlawful detainer, and Defendants’ anticipated defenses to that claim cannot
confer jurisdiction on this Court.
Accordingly, the Court REMANDS the action to the Superior Court of the State
of California for the County of Los Angeles. The Court ORDERS the Clerk to treat
this Order, and its entry on the docket, as an entry of judgment. Local Rule 58-6.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL
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