HPROF, LLC v. Flores

Filing 3

FINDINGS and RECOMMENDATIONS recommending that this case be REMANDED to Solano County Superior Court signed by Magistrate Judge Edmund F. Brennan on 3/2/15. F&R referred to Judge Morrison C. England, Jr. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HPROF, LLC,

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No. 2:15-cv-454-MCE-EFB PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

M R F FLORES and DOES 1 to 15,

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Defendants.

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On February 27, 2015, defendant, proceeding pro se, filed a notice of removal of this

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unlawful detainer action from the Superior Court of the State of California for Solano County.

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ECF No. 1.1 This case is before the undersigned in accordance with 28 U.S.C. § 636(b)(1) and

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Eastern District of California Local Rule 302(c)(21).

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This court has an independent duty to ascertain its jurisdiction and may remand sua sponte

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for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). “The burden of establishing

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federal jurisdiction is on the party seeking removal, and the removal statute is strictly construed

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against removal jurisdiction.” Emrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir.

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1988). “Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the

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Also on February 27, 2015, defendant filed an application to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. ECF Nos. 2. However, in light of the recommendation herein that
this action be remanded, defendant’s request to proceed in forma pauperis will not be addressed.
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first instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). As explained below,

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defendant has failed to meet that burden.

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The notice of removal references several federal statutes, and it appears that defendant

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contends that this court has federal question jurisdiction over the matter pursuant to 28 U.S.C.

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§ 1331. ECF. No. 1 at 1-2. However, a review of the complaint reveals that plaintiff does not

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allege any federal claims; instead, plaintiff alleges only unlawful detainer under state law. ECF

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No. 1 at 8-10 (Compl.). The presence or absence of federal question jurisdiction “is governed by

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the ‘well-pleaded complaint rule,’ which provides that federal jurisdiction exists only when a

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federal question is presented on the face of plaintiff’s properly pleaded complaint.” Caterpillar,

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Inc. v. Williams, 482 U.S. 386, 392 (1987). This is the case where the complaint “establishes

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either that [1] federal law creates the cause of action or that [2] the plaintiff’s right to relief

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necessarily depends on resolution of a substantial question of federal law.” Williston Basin

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Interstate Pipeline Co. v. An Exclusive Gas Storage Leasehold & Easement, 524 F.3d 1090, 1100

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(9th Cir. 2008) (quoting Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 27-28

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(1983)). Here, plaintiff’s one cause of action is for unlawful detainer under state law, and under

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the well-pleaded complaint rule, a defendant’s claims or defenses may not serve as a basis for

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removal.2 See Takeda v. Nw. Nat’l Life Ins. Co., 765 F.2d 815, 822 (9th Cir. 1985).

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Therefore, because defendant has not adequately established a basis for this court’s

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subject matter jurisdiction, the case must be remanded. See 28 U.S.C. § 1447(c).

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Nor has defendant established that this court has diversity jurisdiction, since the notice
of removal does not establish diversity of the parties or that the amount in controversy exceeds
$75,000, nor does it appear that removal by defendant would be proper under 28 U.S.C.
§ 1441(b), which permits removal in diversity cases only when “none of the parties in interest
properly joined and served as defendants is a citizen of the State in which such action is brought.”
See also Fed. Home Loan Mortg. Corp. v. Cantillano, 2012 WL 1193613, at *2 (C.D. Cal. Apr. 9,
2012) (“The appropriate dollar amount in determining the amount of controversy in unlawful
detainer actions is the rental value of the property, not the value of the property as a whole.”).
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Accordingly, IT IS HEREBY RECOMMENDED that the above-captioned case be

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REMANDED to the Superior Court of the State of California in and for the County of Solano.

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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 fourteen days after service of the objections. Failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1157 (9th

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Cir. 1991).

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DATED: March 2, 2015.

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