Vintage Oaks Senior Apartments, LP v. Ciardelli

Filing 3

ORDER signed by District Judge Kimberly J. Mueller on 12/8/16 REMANDING CASE to Sacramento County Superior Court. Copy of remand order sent to other court. DENYING as MOOT 2 Motion to Proceed IFP. CASE CLOSED(Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINTAGE OAKS SENIOR
APARTMENTS, LP,
Plaintiff,

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No. 2:16-cv-02878-KJM-KJN

ORDER
v.
Max Ciardelli, et. al.,
Defendant.

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

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than $4,000. See ECF No. 1 at 11. Defendant Max Ciardelli filed a motion to proceed in forma

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pauperis (IFP). ECF No. 2.

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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 Sacramento County

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Superior Court. The amount in controversy is less than $75,000, and the main issue turns on state

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law. Removal is improper because this court does not have subject matter jurisdiction under 28

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U.S.C. § 1331 or § 1332.

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This case is remanded to Sacramento County Superior Court. Defendant’s IFP
motion is DENIED as MOOT.
This resolves ECF Nos. 1 and 2.
IT IS SO ORDERED.
DATED: December 8, 2016.

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UNITED STATES DISTRICT JUDGE

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