Wells Fargo N.A. v. Ahmadi et al

Filing 5

MEMORANDUM AND ORDER signed by Judge Morrison C. England, Jr. on 3/7/2011 REMANDING CASE to Superior Court of the State of California, County of Sacramento. Copy of remand order sent to the other court. CASE CLOSED. (Reader, L)

-EFB Wells Fargo N.A. v. Ahmadi et al

Doc. 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 In this unlawful detainer action, Wells Fargo Bank ("Plaintiff") alleges that Nazefea Ahmadi and Dor Mattaee ("Defendants") currently occupy property that was purchased by Plaintiff in a public auction following foreclosure. Plaintiff ----oo0oo---v. NAZEFEA AHMADI, DOR MATTAEE, DOES 1 THROUGH 10, INCLUSIVE, WELLS FARGO BANK, NA, Plaintiff, MEMORANDUM AND ORDER No. 2:11-cv-00437-MCE-EFB UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

filed its original Complaint in Sacramento Superior Court. Defendants have since removed to this Court on the basis of federal question jurisdiction, pursuant to 28 U.S.C. § 1331. However, removal was improper because the instant action does not arise under federal law. /// 1

Dockets.Justia.com

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It is fundamental that federal courts are courts of limited jurisdiction. Vacek v. United States Postal Serv., 447 F.3d Regardless of whether the issue is

1141, 1145 (9th Cir. 2006).

raised by the parties, a district court has a duty to consider the basis of subject matter jurisdiction sua sponte. United

Investors Life Ins. v. Waddell & Reed, Inc., 360 F.3d 960, 966-67 (9th Cir. 2004). See also Fed. R. Civ. P. 12(h)(3). There is a

"strong presumption" against removal jurisdiction, and the defendant bears the burden of establishing that removal is proper. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).

Where removal is based on federal question jurisdiction, a federal question must appear on the face of the well-pleaded complaint. 1998). Toumajian v. Frailey, 135 F.3d 648, 653 (9th Cir.

A defendant cannot establish subject matter jurisdiction ARCO Envtl.

by asserting a defense arising under federal law.

Remediation, L.L.C. v. Dep't of Health & Envtl. Quality of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000). In the Complaint, Plaintiff alleges unlawful detainer as its sole cause of action. a federal question. An unlawful detainer action does not raise See Wadhwa v. Aurora Loan Serv., LLC, No.

2:10-cv-03361-WBS-DAD;, 2011 WL 308416 (E.D. Cal. Jan. 27, 2011); Aurora Loan Serv., LLC v. Gullatt, No. 1:10-cv-01108-AWI-DLB, 2010 WL 2574031 (E.D. Cal. June 24, 2010). Accordingly, no In their

federal question appears on the face of the complaint.

notice of removal, Defendants claim that removal is proper because Plaintiff's claims arise under the Protecting Tenants at Foreclosure Act ("PTFA"). However, Defendants cite PTFA as a

defense to the unlawful detainer cause of action. 2

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Because jurisdiction cannot be based on a defense arising under federal law, there is no basis for subject matter jurisdiction in this case. Based on the foregoing, the case is hereby REMANDED to The Superior Court of the State of California, County of Sacramento pursuant to 28 U.S.C. § 1447(c). the case. IT IS SO ORDERED. Dated: March 7, 2011 The Clerk is ordered to close

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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