Sierra Asset Servicing, LLC v. Eugene, et al.
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/14/14 RECOMMENDING that this action be remanded to the County of Yuba Superior Court. Referred to Judge Morrison C. England, Jr. Objections due within 14 days. (Manzer, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SIERRA ASSET SERVICING, LLC,
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No. 2:14-cv-2642 MCE CKD PS
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
ANDRE EUGENE, et al.,
Defendants.
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This action was removed from state court. Removal jurisdiction statutes are strictly
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construed against removal. See Libhart v. Santa Monica Dairy Co., 592 F.2d 1062, 1064 (9th Cir.
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1979). “Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the
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first instance.” Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992). The party invoking removal
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bears the burden of establishing federal jurisdiction. Hunter v. Philip Morris USA, 582 F.3d 1039
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(9th Cir. 2009). Where it appears the district court lacks subject matter jurisdiction, the case shall
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be remanded. 28 U.S.C. § 1447(c).
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In conclusory fashion, the removal petition alleges the complaint is subject to federal
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question jurisdiction. Defendants claim they have a defense under a federal statute. Removal
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based on federal question jurisdiction is proper only when a federal question is presented on the
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face of the plaintiff’s properly pleaded complaint. Caterpillar Inc. v. Williams, 482 U.S. 386, 392
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(1987). However, the exhibits attached to the removal petition establish the state court action is
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nothing more than a simple unlawful detainer action, and the state court action is titled as such.
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Defendants have failed to meet their burden of establishing federal jurisdiction and the matter
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should therefore be remanded. See generally Singer v. State Farm Mutual Automobile Insurance
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Co., 116 F.3d 373, 375-376 (9th Cir. 1997).
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Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be
summarily remanded to the Superior Court of California, County of Yuba.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
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shall be served and filed within seven days after service of the objections. The parties are advised
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that failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: November 14, 2014
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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