The State of California v. Oscar Moreno

Filing 18

MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder:ORDER REMANDING CASE TO STATE COURT. Case remanded to TULARE COUNTY SUPERIOR COURT- Juvenile Justice Center, Case No.17-71119. (Made JS-6. Case Terminated.). (lc). Modified on 5/3/2018 (lc).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’ JS-6
2:18-cv-00245-CAS (JPRx)
Date  May 3, 2018
OSCAR MORENO V. STATE OF CALIFORNIA

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

Attorneys Present for Plaintiffs: 

N/A 

Tape No. 

Attorneys Present for Defendants: 

Not Present 

Not Present 

Proceedings:  

Not Present 
Court Reporter / Recorder 

(IN CHAMBERS) – ORDER REMANDING CASE TO STATE
COURT

On November 30, 2017, the Tulare County Child Welfare Services (“CWS”) filed
a juvenile dependency petition pursuant to Cal. Welf. & Inst. Code § 300 behalf of
Kaylie, Daniel, and Rebecca Moreno in the Juvenile Division of the Tulare County
Superior Court. Dkt. 1-1 at 14. The petition alleges that (1) Oscar Moreno (“Moreno”),
the grandfather and adoptive parent, willfully or negligently failed to provide adequate
food, shelter, and clothing; and (2) children are at substantial risk of being sexually
abused. The petition and attached detention report indicate that CWS removed the
children from Moreno’s custody on November 28, 2017. Id. at 16–17, 19.
On January 10, 2018, Moreno, appearing pro se and requesting to proceed in forma
pauperis, filed a notice of removal. Id. at 1. Moreno asserted that this Court has federal
question jurisdiction on the grounds that (1) CWS violated his and/or the minors’ rights
to be free from involuntary servitude under the Thirteenth Amendment to the United
States Constitution; and (2) CWS kidnapped the minors in violation of Nevada law.
Notice of Removal at 3.
On April 10, 2018, the Court ordered Moreno to show cause why this case should
not be remanded for lack of subject matter jurisdiction. Dkt. 15 (“OSC”). On April 25,
2018, Moreno filed a response to the OSC, asserting that the Court has federal question
pursuant to 42 U.S.C. § 1983, the Fourth and Fourteenth Amendments to the United
States Constitution, and several federal criminal statutes. Dkt. 17.
“Clearly, state juvenile dependency proceedings do not arise under the
Constitution, laws, or treaties of the United States.” Dema v. Arizona, No. CV-08-0900PHX-LOA, 2008 WL 2437939, at *4 (D. Ariz. June 13, 2008). To the extent Moreno

CV-245 (04/18)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’ JS-6
2:18-cv-00245-CAS (JPRx)
Date  May 3, 2018
OSCAR MORENO V. STATE OF CALIFORNIA

relies on the cited federal statutes and constitutional amendments as a defense or seeks to
assert counterclaims, such a defense or counterclaim does not give rise to federal question
jurisdiction. See Cal. Equity Mgmt. Grp., Inc. v. Jiminez, No. 13–cv–1222 JSC, 2013
WL 1748051, at *1 (N.D. Cal. April 23, 2013) (“[A] defendant cannot create federal
subject matter jurisdiction by adding claims or raising defenses.”); OP Dev., Inc. v.
Pascal, No. 1:11–cv–01363 LJO GSA, 2011 WL 3687636, at *2 (E.D. Cal. Aug. 23,
2011) (“Defendant’s attempt at creating federal subject matter jurisdiction by adding
claims or defenses to a notice of removal will not succeed.”).
In accordance with the foregoing, the Court sua sponte REMANDS this action to
the Tulare County Superior Court.
IT IS SO ORDERED.
Initials of Preparer 

CV-245 (04/18)

CIVIL MINUTES - GENERAL

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                      CMJ 

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