Pur Americana, LLC v. Elizabeth George et al

Filing 7

MINUTES OF IN CHAMBERS - ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: This case is hereby REMANDED to Los Angeles County Superior Court, Case Number 20VEUD00558, for lack of subject matter jurisdiction. See document for further details. ( Case Terminated. Made JS-6 ) Court Reporter: Not Reported. (gk)

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

CV 20-11788-DMG (MAAx)

Date

Title Pur Americana LLC v. Elizabeth George
Present: The Honorable

JS-6 / REMAND

January 6, 2021
Page

1 of 2

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER REMANDING ACTION TO LOS ANGELES
COUNTY SUPERIOR COURT
On February 26, 2020, Plaintiff Pur Americana LLC filed an unlawful detainer action in
the Superior Court of California, County of Los Angeles against Defendant Elizabeth George.
Notice of Removal, Ex. A (“Compl.”) [Doc. # 1]. On July 10, 2020, George filed an answer, and
on December 29, 2021, George filed a notice of removal to federal court, asserting federal
question jurisdiction based on her Answer. Id. at ¶ 8.
It is axiomatic, however, that federal jurisdiction cannot rest upon an actual or anticipated
defense. See Vaden v. Discover Bank, 556 U.S. 49 (2009). “The presence or absence of federalquestion jurisdiction is governed by the ‘well-pleaded complaint rule,’ which provides that
federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's
properly pleaded complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). That is not
the case here, where the Complaint itself raises no federal question.
Nor does the Complaint reveal a basis for diversity jurisdiction. The Complaint states
that the amount of damages sought by Plaintiff is past-due rent of $1,686, the fair rental value of
the premises of $55.43 per day, and attorneys’ fees. Compl. at 7-8. This is well below the
$75,000 amount-in-controversy jurisdictional threshold for diversity jurisdiction. See 28 U.S.C.
§ 1332(a).
Moreover, it appears that Defendant George’s notice of removal is untimely. A
defendant must file notice of removal within 30 days after “receipt by the defendant . . . of a
copy of the initial pleading setting forth the claim for relief upon which such action or
proceeding is based.” 28 U.S.C. § 1446(b). The Complaint was filed on February 26, 2020, and
George’s notice of removal was not filed until December 29, 2020, nine months after the 30-day
deadline had passed.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vv

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

CV 20-11788-DMG (MAAx)

Title Pur Americana LLC v. Elizabeth George

JS-6 / REMAND

Date

January 6, 2021
Page

2 of 2

In light of the foregoing, this case is hereby REMANDED to Los Angeles County
Superior Court for lack of subject matter jurisdiction.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vv