Deutsche Bank National Trust Company v. Eric Roberts et al

Filing 10

MINUTES (IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO SUPERIOR COURT by Judge R. Gary Klausner. On February 28, 2018, Defendants, in pro se, removed this action from state court to the United States District Court, Central District of California. The above-entitled case is ordered REMANDED to the Superior Court for all further proceedings for lack of subject matter jurisdiction. Case Terminated. Made JS-6 (iv)

JS-6

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

CV 18-1648-RGK (FFMx)

Title

DEUTSCHE BANK NAT’L TRUST etc. v. ERIC ROBERTS, et al

Present: The
Honorable

Date

March 12, 2018

R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams (not present)

Not Reported

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO
SUPERIOR COURT

On February 28, 2018, Defendants, in pro se, removed this action from state court to the United
States District Court, Central District of California.
Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441, et seq. The Ninth Circuit
has held unequivocally that the removal statute is construed strictly against removal. Ethridge v. Harbor
House Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). The strong presumption against removal jurisdiction
means that “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles,
Inc., 980 F.2d 564, 566 (9th Cir. 1992) (citing Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d
709, 712 n.3 (9th Cir. 1990)); see also In re Ford Motor Co./Citibank (South Dakota), N.A., 264 F.3d
952, 957 (9th Cir. 2001) (“The party asserting federal jurisdiction bears the burden of proving the case is
properly in federal court.”).
As to federal question, Defendants have not set forth any federal law or portions of the
Constitution that have been violated. The Court’s careful review of the Complaint filed by Plaintiff on
November 2, 2017, shows that Plaintiff raised no federal question therein. Plaintiff’s Complaint is a
discrete action for unlawful detainer, an action which exclusively invokes authority pursuant to
California statute. The Complaint does not set forth any claims arising under the U.S. Constitution,
treaties, or laws of the United States for which the Court would have “original jurisdiction.” 28 U.S.C. §
1441(b). Accordingly, any removal based on federal question jurisdiction is improper.
As to diversity jurisdiction, the Complaint for unlawful detainer indicates on its face that the
amount in controversy does not exceed $10,000. Federal jurisdiction based on complete diversity
requires that all parties to the action are completely diverse in citizenship, and that the amount in
controversy exceeds $75,000. Since the unlawful detainer action does not meet the jurisdictional
threshold, Defendant’s removal based on diversity jurisdiction is improper.
CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 1 of 2

JS-6

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

CV 18-1648-RGK (FFMx)

Date

March 12, 2018

Title

DEUTSCHE BANK NAT’L TRUST etc. v. ERIC ROBERTS, et al

For the foregoing reasons, the above-entitled case is ordered REMANDED to the Superior
Court for all further proceedings for lack of subject matter jurisdiction.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 2 of 2