Mortiz Associates, LLC v. Russell Masamichi Higuchi et al
Filing
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ORDER SUA SPONTE REMANDING CASE AND DENYING PENDING MOTIONS AS MOOT (Dkts. 7, 8) by Judge Cormac J. Carney: The amount in controversy requirement has not been met because the complaint demands less than $10,000 in damages. (Dkt. 1 Ex. A at 1.). This case is hereby REMANDED to Orange County Superior Court. The pending motions (Dkts. 7, 8) are DENIED AS MOOT #7 , #8 . Case Remanded to Orange County Superior Court, 30-2022-01267761-CL-UD-CJC. MD JS-6. Case Terminated. (twdb)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SOUTHERN DIVISION
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MORTIZ ASSOCIATES, LLC,
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Plaintiff,
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v.
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RUSSELL MASAMICHI HIGUICHI
AND DOES 1-10, inclusive,
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Defendant.
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Case No.: SACV 22-01691-CJC (DFMx)
ORDER SUA SPONTE REMANDING
CASE AND DENYING PENDING
MOTIONS AS MOOT (Dkts. 7, 8)
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Plaintiff filed this unlawful detainer action in state court in June 2022. (Dkt. 1 Ex.
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A.) Defendant Russell Masamichi Higuchi, acting pro se, removed the case on
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September 15, 2022. 1 (Dkt. 1.) For the following reasons, the Court lacks subject matter
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jurisdiction and hereby sua sponte REMANDS the case to Los Angeles Superior Court.
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Defendant removed after the 30-day deadline. See 28 U.S.C. § 1441.
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A defendant may remove a civil action filed in state court to a federal district court
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if the federal court would have had original jurisdiction over the action. 28 U.S.C.
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§ 1441. Federal courts have subject matter jurisdiction over cases that (1) involve
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questions arising under federal law or (2) are between diverse parties and involve an
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amount in controversy that exceeds $75,000. 28 U.S.C. §§ 1331, 1332. Principles of
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federalism and judicial economy require courts to “scrupulously confine their [removal]
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jurisdiction to the precise limits which [Congress] has defined.” See Shamrock Oil &
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Gas Corp. v. Sheets, 313 U.S. 100, 109 (1941). Indeed, “[n]othing is to be more
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jealously guarded by a court than its jurisdiction.” See United States v. Ceja-Prado, 333
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F.3d 1046, 1051 (9th Cir. 2003) (internal quotations omitted). The defendant removing
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the action to federal court bears the burden of establishing that the district court has
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subject matter jurisdiction over the action, and the removal statute is strictly construed
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against removal jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)
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(“Federal jurisdiction must be rejected if there is any doubt as to the right of removal in
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the first instance.”).
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Federal courts have a duty to examine their subject matter jurisdiction whether or
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not the parties raise the issue. See United Investors Life Ins. Co. v. Waddell & Reed,
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Inc., 360 F.3d 960, 966 (9th Cir. 2004) (“[A] district court's duty to establish subject
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matter jurisdiction is not contingent upon the parties’ arguments.”). “The court may—
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indeed must—remand an action sua sponte if it determines that it lacks subject matter
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jurisdiction.” GFD, LLC v. Carter, 2012 WL 5830079, at *2 (C.D. Cal. Nov. 15, 2012).
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It is clear that the Court lacks subject matter jurisdiction over this case. Plaintiff’s
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Complaint states a single claim for unlawful detainer under California law. (Dkt. 1 Ex.
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A.) The Complaint does not include any claim “arising under the Constitution, laws, or
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treaties of the United States.” 28 U.S.C. § 1331. Defendant claims that “[f]ederal
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question exists because Defendant’s Answer [is] a pleading that depends on the
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determination of Defendant’s rights and Plaintiff’s duties under federal law.” (Dkt. 1
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¶ 8.) However, Defendant attached his answer to his Notice of Removal, and no federal
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question appears. (Dkt. 1 at 12.) Indeed, the answer is a state court form that Defendant
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filled out. (Id.) Moreover, even if the answer reflected defenses rooted in federal law,
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“the existence of federal jurisdiction depends solely on the plaintiff’s claims for relief and
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not on anticipated defenses to those claims.” ARCO Envtl. Remediation, L.L.C. v. Dept.
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of Health and Envtl. Quality, 213 F.3d 1108, 1113 (9th Cir. 2000); see Valles v. Ivy Hill
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Corp., 410 F.3d 1071, 1075 (9th Cir. 2005) (“A federal law defense to a state-law claim
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does not confer jurisdiction on a federal court.”). There are no federal claims in
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Plaintiff’s Complaint. See Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1748
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(2019) (explaining that to evaluate whether a court has original jurisdiction, it evaluates
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whether the plaintiff’s operative complaint could have been brought originally in federal
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court).
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Diversity jurisdiction is also lacking. Diversity jurisdiction exists “where the
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matter in controversy exceeds the sum or value of $75,000, exclusive of interest and
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costs.” 28 U.S.C. § 1332(a). The amount in controversy requirement has not been met
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because the complaint demands less than $10,000 in damages. (Dkt. 1 Ex. A at 1.) This
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case is hereby REMANDED to Orange County Superior Court. The pending motions
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(Dkts. 7, 8) are DENIED AS MOOT.
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DATED:
September 19, 2022
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CORMAC J. CARNEY
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UNITED STATES DISTRICT JUDGE
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