Deutsche Bank National Trust Company v. Gingher et al

Filing 4

ORDER signed by Chief Judge Morrison C. England, Jr on 3/21/16 ORDERING the action is REMANDED to the Solano County Superior Court; The Clerk of Court is directed to serve a certified copy of the order on the Clerk of the Solano County Superi or Court, and reference the state case number (No. FCM 148908) in the proof of service; Defendants Motion to Proceed in Forma Pauperis (ECF No. 2) is DENIED as moot; The Clerk of Court is directed to close this case and vacate all dates; The Clerk of the Court is ordered not to open another case removing the following unlawful detainer action: No. FCM 148908. CASE CLOSED. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY AS INDENTURE
TRUSTEE FOR MORTGAGEIT
TRUST 2005-1,

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v.
DIONNE GINGHER, MARK D.
SANDERS, and Does 1 through 5,
inclusive,
Defendants.

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ORDER

Plaintiff,

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Case No.: 2:16-cv-00568-MCE-EFB-PS

On March 18, 2016, Defendant MARK SANDERS, proceeding in pro se, filed a
Notice of Removal of this unlawful detainer action from the Solano County Superior
Court.1 ECF No. 1. This Court has an independent duty to ascertain its jurisdiction and
may remand sua sponte for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c).
“The burden of establishing federal jurisdiction is on the party seeking removal, and the
removal statute is strictly construed against removal jurisdiction.” Emrich v. Touche
Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal
jurisdiction must be rejected if there is any doubt as to the right of removal in the first
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Despite Defendant’s pro se status, the undersigned revokes any actual or anticipated referral to
a Magistrate Judge. See E.D. Cal. Local R. 302(c)(21).

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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 is premised on the argument that this Court has federal

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question jurisdiction pursuant to, inter alia, 28 U.S.C. §§ 1441(a) and 1446.2 However, a

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review of the Complaint reveals that Plaintiff does not allege any federal claims; instead,

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Plaintiff alleges only unlawful detainer under state law. ECF No. 1 at 25-27.

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“The presence or absence of federal-question jurisdiction is governed by the ‘well-

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pleaded complaint rule,’ which provides that federal jurisdiction exists only when a

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federal question is presented on the fact of plaintiff’s properly pleaded complaint.”

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

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complaint “establishes either that [1] federal law creates the cause of action or that [2]

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the plaintiff’s right to relief necessarily depends on resolution of a substantial question of

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federal law.” Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage

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Leasehold & Easement, 524 F.3d 1090, 1100 (9th Cir. 2008) (quoting Franchise Tax Bd.

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v. Constr. Laborers Vacation Trust, 463 U.S. 1, 27-28 (1983)).

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Here, Plaintiff’s one sole claim is for unlawful detainer under state law. At most,

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Defendant argues that he has a defense under federal law. “A case may not be

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removed to federal court on the basis of a federal defense . . . even if the defense is

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anticipated in the plaintiff’s complaint, and even if both parties admit that the defense is

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the only question truly at issue in the case.” ARCO Envtl. Remediation, LLC v. Dep’t. of

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Health & Envtl. Quality of the State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000)

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(citation and quotation marks omitted). Therefore, this Court lacks jurisdiction under 28

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U.S.C. §§ 1441(a).

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Accordingly:

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1. The action is REMANDED to the Solano County Superior Court.

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2. The Clerk of Court is directed to serve a certified copy of the order on the

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While Defendant also appears to refer to 28 U.S.C. § 1332 as a basis for removal, elsewhere in
his Notice of Removal he states plainly that federal jurisdiction is not based on diversity of citizenship.
Def.’s Notice, 9:24-25

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Clerk of the Solano County Superior Court, and reference the state case

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number (No. FCM 148908) in the proof of service.

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3. Defendant’s Motion to Proceed in Forma Pauperis (ECF No. 2) is DENIED as
moot.

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4. The Clerk of Court is directed to close this case and vacate all dates.

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5. The Clerk of the Court is ordered not to open another case removing the

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following unlawful detainer action: No. FCM 148908.
IT IS SO ORDERED.
Dated: March 21, 2016

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