US Bank National Association v. Stephanie E. Jones et al

Filing 6

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Christina A. Snyder: The only claim asserted by plaintiff is for unlawful detainer. Defendant cannot create federal subject matter jurisdiction by adding claims or asserting defenses. Accordingly, defendant is hereby ORDERED to SHOW CAUSE within 20 days why the instant action should not be remanded for lack of subject matter jurisdiction. Court Reporter: Not Present. (gk)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. ED CV 12-840 CAS (VBKx) Title U.S. BANK NATIONAL ASSOCIATION V. STEPHANIE E. JONES Present: The Honorable Date June 12, 2012 CHRISTINA A. SNYDER CATHERINE JEANG Deputy Clerk Not Present Court Reporter / Recorder N/A Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: I. (In Chambers:) ORDER TO SHOW CAUSE FOR LACK OF SUBJECT MATTER JURISDICTION INTRODUCTION On March 14, 2012, plaintiff U.S. Bank National Association (“plaintiff”) filed an unlawful detainer action in Riverside Superior Court against defendant Stephanie E. Jones. On May 23, 2012, Jones removed the action to this Court on the basis of federal question jurisdiction pursuant to 28 U.S.C. § 1331. Defendant asserts that plaintiff is depriving her of her due process guarantees under the Fourteenth Amendment to the United States Constitution. See Dkt. No. 1. II. DISCUSSION The law is clear that “[u]nlawful detainer actions are strictly within the province of state court.” Federal Nat’l Mort. Assoc. v. Suarez, 2011 U.S. Dist. LEXIS 82300, *6 (E.D. Cal. Jul. 27, 2011); Deutsche Bank Nat’l Trust Co. v. Leonardo, 2011 U.S. Dist. LEXIS 83854, *2 (C.D. Cal. Aug. 1, 2011) (“[T]he complaint only asserts a claim for unlawful detainer, a cause of action that is purely a matter of state law.”). A defendant’s attempt at creating federal subject matter jurisdiction by adding claims or defenses to a notice of removal must fail. McAtee v. Capital One, F.S.B., 479 F.3d 1143, 1145 (9th Cir. 2007). Here, the only claim asserted by plaintiff is for unlawful detainer. See Dkt. No. 1 at 1-2. Defendant cannot create federal subject matter jurisdiction by adding claims or asserting defenses. McAtee, 479 F.3d at 1145. Accordingly, defendant is hereby CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. ED CV 12-840 CAS (VBKx) Date June 12, 2012 Title U.S. BANK NATIONAL ASSOCIATION V. STEPHANIE E. JONES ORDERED to SHOW CAUSE within twenty (20) days why the instant action should not be remanded for lack of subject matter jurisdiction. IT IS SO ORDERED. 00 Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL : 00 CMJ Page 2 of 2

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