Essex Monarch La Brea Apartments, LP v. Ryan Daniel et al

Filing 7

MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson remanding case to Los Angeles County Superior Court, Case number 17R02954. Case Terminated. Made JS-6. (mrgo)

JS-6

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

CV 17-6894 PA (JCx)

Title

Essex Monarch La Brea Apartments, LP v. Ryan Daniel, et al.

Present: The Honorable

Date

September 20, 2017

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Kamilla Sali-Suleyman

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS - COURT ORDER

Before the Court is a Notice of Removal filed by defendant Ryan Daniel (“Defendant”) on
September 19, 2017. In its Complaint, plaintiff Essex Monarch La Brea Apartments, LP (“Plaintiff”)
alleges a single state law claim for unlawful detainer. Defendant, who is appearing pro se, asserts that
this Court has subject matter jurisdiction on the basis of federal question jurisdiction under 28 U.S.C.
§ 1331.
Federal courts are of limited jurisdiction, having subject matter jurisdiction only over matters
authorized by the Constitution and Congress. See, e.g., Kokkonen v. Guardian Life Ins. Co., 511 U.S.
375, 377, 114 S. Ct. 1673, 1675, 128 L. Ed. 2d 391 (1994). A “strong presumption” against removal
jurisdiction exists. Gaus v. Miles, Inc., 980 F.2d 564, 567 (9th Cir. 1992). In seeking removal, the
defendant bears the burden of proving that jurisdiction exists. Scott v. Breeland, 792 F.2d 925, 927 (9th
Cir. 1986).
Under 28 U.S.C. § 1331, this Court has original jurisdiction over civil actions “arising under”
federal law. Removal based on § 1331 is governed by the “well-pleaded complaint” rule. Caterpillar,
Inc. v. Williams, 482 U.S. 386, 392, 107 S. Ct. 2425, 2429, 96 L. Ed. 2d 318 (1987). Under the rule,
“federal jurisdiction exists only when a federal question is presented on the face of plaintiff’s properly
pleaded complaint.” Id. at 392, 107 S. Ct. at 2429, 96 L. Ed. 2d 318. If the complaint does not specify
whether a claim is based on federal or state law, it is a claim “arising under” federal law only if it is
“clear” that it raises a federal question. Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996). Thus,
plaintiff is generally the “master of the claim.” Caterpillar, 482 U.S. at 392, 107 S. Ct. at 2429, 96 L.
Ed. 2d 318. “A case may not be removed to federal court on the basis of a federal defense, including the
defense of pre-emption.” Id. at 393, 107 S. Ct. at 2430, 96 L. Ed. 2d 318 (emphasis in original). The
only exception to this rule is where plaintiff’s federal claim has been disguised by “artful pleading,” such
as where the only claim is a federal one or is a state claim preempted by federal law. Sullivan v. First
Affiliated Sec., Inc., 813 F.2d 1368, 1372 (9th Cir. 1987).
Here, the underlying Complaint contains only a single cause of action for unlawful detainer.
Defendant asserts that “[f]ederal question exists because Defendant’s Demurrer, a pleading [sic] depend
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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JS-6

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

CV 17-6894 PA (JCx)

Date

Title

September 20, 2017

Essex Monarch La Brea Apartments, LP v. Ryan Daniel, et al.

[sic] on the determination of Defendant’s rights and Plaintiff’s duties under federal law.” (Notice of
Removal, ¶ 10.) Defendant’s allegations concerning Plaintiff’s potential violations of federal law and
his reliance on federal law for a defense do not constitute a proper basis for removal, as neither a federal
defense nor an actual or anticipated federal counterclaim forms a basis for removal. See, e.g., Vaden v.
Discover Bank, 556 U.S. 49, 61–62, 129 S. Ct. 1262, 1272, 173 L. Ed. 2d 206 (2009).
For the foregoing reasons, Defendant has failed to meet his burden of showing that federal
question jurisdiction exists over this action. Because the Court lacks subject matter jurisdiction, this
action is hereby remanded to Los Angeles County Superior Court, Case No. 17R02954. See 28 U.S.C.
§ 1447(c). Defendant’s Application to Proceed in District Court Without Prepaying Fees or Costs
(Docket No. 2) is denied as moot.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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