IDA West, Inc. v. Armando Zavala et al

Filing 5

ORDER REMANDING CASE TO STATE COURT by Judge Andre Birotte Jr.: The Court REMANDS this case to the Superior Court of California, County of Los Angeles, Norwalk, Case Number 17UN0386, for lack of subject matter jurisdiction pursuant to 28 U.S.C. Section 1447(c). ( Case Terminated. Made JS-6 ) (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. CV 17-01897-AB (FFMx)

IDA WEST, INC.
Plaintiff,

ORDER REMANDING CASE TO
STATE COURT

v.
ARMANDO ZAVALA, et al.,
Defendants.

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On March 9, 2017, Defendants Armando Zavala and Estela Zavala
(“Defendants”) removed what appears to be a routine unlawful detainer action. (Dkt.
No. 1.) For the reasons set forth below, the Court REMANDS this case for lack of
subject matter jurisdiction.
The Notice of Removal invokes federal question jurisdiction on the ground that
the notice Plaintiff’s action was based on “expressly references and incorporates the
Protecting Tenants at Foreclosure act of 2009, 16 U.S.C. § 5201.” See Not. Removal
¶ 7. Specifically, Defendants claim that that Act requires Plaintiff to give them 90
days’ notice before filing an eviction proceeding, and Plaintiff failed to do that.
However, this argument is an affirmative defense, so Defendants’ reliance on the Act
as a basis for jurisdiction is misplaced. “[I]t is now settled law that a case may not be
removed to federal court on the basis of a federal defense . . . even if the defense is

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anticipated in the plaintiff’s complaint, and even if both parties concede that the

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federal defense is the only question truly at issue.” Caterpillar Inc. v. Williams, 482

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U.S. 386, 393 (1987).

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Furthermore, this is a routine unlawful detainer action, so Plaintiff could not

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have filed it in federal court initially because the complaint does not allege facts

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creating subject matter jurisdiction, rendering removal improper. 28 U.S.C. §1441(a);

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see Exxon Mobil Corp v. Allapattah Svcs., Inc., 545 U.S. 546, 563 (2005).

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First, under 28 U.S.C. §§ 1331, 1441(b), this unlawful detainer action does not

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give rise to a federal question or substantial question of federal law because unlawful

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detainer “is purely a creature of California law.” Wells Fargo Bank v. Lapeen, 2011

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WL 2194117 (N.D. Cal. June 6, 2011). Plaintiff’s unlawful detainer action implicates

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no area of federal law. As such, this action does not give rise to federal question

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jurisdiction.

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Second, this unlawful detainer action does not give rise to diversity jurisdiction.

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See 28 U.S.C. §§ 1332, 1441(b). The underlying complaint states that the amount in

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controversy does not exceed $10,000. Moreover, removal on the basis of diversity

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jurisdiction is not proper because Defendants reside in the forum state. 28 U.S.C.

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§ 1441(b).

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Accordingly, the Court: (1) REMANDS this case to the Superior Court of

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California, County of Los Angeles, Norwalk, for lack of subject matter jurisdiction

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pursuant to 28 U.S.C. § 1447(c); (2) ORDERS the Clerk to send a certified copy of

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this Order to the state court; and (3) ORDERS the Clerk to serve copies of this Order

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on the parties.

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IT IS SO ORDERED.

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Dated: March 29, 2017

_______________________________________
HONORABLE ANDRÉ BIROTTE JR.
UNITED STATES DISTRICT COURT JUDGE

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