Federal National Mortgage Association v. Shawnna Brown et al

Filing 7

ORDER REMANDING CASE FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dean D. Pregerson. cc: order, docket, remand letter to San Bernardino Superior Court, Fontana, Case number UDFS 1400839 Case Terminated. Made JS-6 (Attachments: # 1 remand letter). (lc). Modified on 6/25/2014 (lc).

1
2

O

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

12
Plaintiff,
13
v.
14
SHAWNNA BROWN,
15
16

Defendant.
___________________________

)
)
)
)
)
)
)
)
)
)
)

Case No. EDCV 14-01220 DDP (SHx)
ORDER REMANDING CASE FOR LACK OF
SUBJECT MATTER JURISDICTION

17
18

Plaintiff filed an unlawful detainer complaint against

19

Defendant in state court on February 11, 2014. (Dkt. No. 1)

20

Defendant removed the action to this court on June 13, 2014 on the

21

basis of federal question jurisdiction. (Id.) It appears, however,

22

that there is no federal subject matter jurisdiction in this

23

action. Plaintiff’s unlawful detainer complaint raises only issues

24

of state law, and the amount in controversy does not exceed

25

$75,000.

26

District courts have original jurisdiction over “all civil

27

actions arising under the Constitution, laws, or treaties of the

28

United States. 28 U.S.C. § 1331. Though Defendant asserts various

1

federal defenes, “[u]nder the longstanding well-pleaded complaint

2

rule, . . . a suit ‘arises under’ federal law only when the

3

plaintiff’s statement of his own cause of action shows that it is

4

based upon federal law.”

5

(2009) (quotation, citation, and alteration omitted).

6

law” cannot be predicated on a defense or counterclaim.

7

Defenses based on federal law are, therefore, insufficient to

8

create federal jurisdiction.

9

10-04127, 2011 WL 165382, at *1-2 (C.D. Cal. Jan. 18, 2011).

10
11

Vaden v. Discover Bank, 556 U.S. 49, 60
“Federal
Id.

See HSBC Bank USA v. Santiago, No. CV

This court lacks subject matter jurisdiction over Plaintiff’s
complaint, and remands this case to state court.

12
13

IT IS SO ORDERED.

14
15
16

Dated:June 24, 2014
DEAN D. PREGERSON
United States District Judge

17
18
19
20
21
22
23

cc: order, docket, remand letter to
San Bernardino County Superior Court,
Fontana, No. UDFS 1400839

24
25
26
27
28
2