The Bank of New York Melon v. James Kim et al

Filing 5

MINUTES (IN CHAMBERS) ORDER Remanding Action by Judge James V. Selna, remanding case to Superior Court of California, County of Orange, Case number 30-02017-00932531-CLU-UD-NJC. (see document for details). Case Terminated. Made JS-6 (dro)

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

SACV 17-01589 JVS (KESx)

Title

The Bank of New York Melon v. James Kim

Present: The
Honorable

Date

September 20, 2017

James V. Selna
Karla J. Tunis

Not Present

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

Order Remanding Action

On September 13, 2017, James Kim (“Kim”) removed this case from the
Superior Court of the State of California for the County of Orange. (Docket No. 1.) He
removed on the basis of federal question jurisdiction, 28 U.S.C. § 1331. (Notice of
Removal, ¶ 7.)
The Court has reviewed the jurisdictional allegations and has considered
other possible bases for jurisdiction in light of the facts pled in the Complaint and the
Notice of Removal. The Court finds no basis for jurisdiction, and now remands the case.
The Court must determine jurisdiction on the basis of the case removed. The
underlying action is an unlawful detainer action. No federal claims are asserted (28
U.S.C. § 1331). Federal defenses or federal counterclaims provide no basis to remove an
action which does not otherwise establish federal jurisdiction. See Franchise Tax Board
of State of Cal. v. Construction Laborers Vacation Trust, 643 U.S. 1, 10 (1983); Metro
Ford Truck Sales, Inc. v. Ford Motor Co., 145 F.3d 320, 326-27 (5th Cir. 1998). Thus,
Kim’s assertion of the Protecting Tenants at Foreclosure Act o 2009, 12 U.S.C. § 5201,
as a defense does not create jurisdiction. There is no basis for federal question
jurisdiction.
Neither the Notice of Removal nor the underlying complaint establishes that
the parties are diverse, as required by 28 U.S.C. § 1332(a)(1). In any event, it is apparent
that the amount of relief sought is less than the jurisdictional minimum of $75,000. The
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

SACV 17-01589 JVS (KESx)

Title

The Bank of New York Melon v. James Kim

Date

September 20, 2017

face of the Complaint states that the amount of claimed damages is less than $10,000.
Moreover, as a California resident Kim cannot remove on the basis of diversity. 28
U.S.C. § 1441(b)(2). There is no basis for diversity jurisdiction.
The case is remanded to the Superior Court of the State of California for the
County of Orange for lack of jurisdiction.

Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

kjt

Page 2 of 2