Tao v. Alcazar et al

Filing 5

ORDER REMANDING CASE to San Joaquin County Superior Court signed by District Judge Kimberly J. Mueller on 11/30/16: Motions to Proceed IFP are DENIED as MOOT. CASE CLOSED. (Copy of remand order sent to other court). (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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XIAO YAN TAO,

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No. 2:16-cv-02712-KJM-KJN
Plaintiff,

v.

ORDER

ESQUIEL ALCAZAR, et al.,
Defendants.

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The only issue in this case is unlawful detainer, with an amount in controversy of

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less than $3,000. See ECF No. 1 at 7. Defendants Esquiel Alcazar and Maria Alcazar have filed

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motions to proceed in forma pauperis. ECF Nos. 2, 3.

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When a case “of which the district courts of the United States have original

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jurisdiction” is initially brought in state court, a defendant may remove it to federal court.

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28 U.S.C. § 1441(a). There are two bases for federal subject matter jurisdiction: (1) federal

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question jurisdiction under 28 U.S.C. § 1331, and (2) diversity jurisdiction under 28 U.S.C.

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§ 1332. A federal district court may remand a case sua sponte where a defendant has not

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established federal jurisdiction. See Enrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir.

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1988) (citing Wilson v. Republic Iron & Steel Co., 257 U.S. 92, 97 (1921)). “If at any time

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before final judgment it appears that the district court lacks subject matter jurisdiction, the case

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shall be remanded.” 28 U.S.C. § 1447(c).

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Here, the court finds the case should be remanded to the San Joaquin County

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Superior Court. Because the amount in controversy is less than $75,000, and the only issue turns

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on state law, removal is improper because this court does not have subject matter jurisdiction

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under 28 U.S.C. §§ 1331 and 1441.

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This case is remanded to San Joaquin County Superior Court. Defendants’ IFP
motions are DENIED as MOOT.
This resolves ECF Nos. 1, 2, and 3.
IT IS SO ORDERED.
DATED: November 30, 2016

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UNITED STATES DISTRICT JUDGE
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