GMS Liberty LLC v. Hib et al

Filing 4

ORDER signed by District Judge Morrison C. England, Jr. on 1/11/2017 REMANDING this action to the Superior Court of California, County of San Joaquin; DIRECTING the Clerk of Court to serve a certified copy of this order on the Clerk for the Superior Court of California, County of San Joaquin, referencing case number: STK-CV-LUDR-2016-10540; DENYING 2 Motion to Proceed IFP, 3 Motion to Stay as moot; DIRECTING the Clerk of Court to close this case and vacate all dates; ORDERING the Clerk of Court not to open another case removing the unlawful detainer action: STK-CV-LUDR-2016-10540. CASE CLOSED. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GMS LIBERTY LLC,, 12 13 14 NO 2:16-cv-02999-MCE-AC Plaintiff, ORDER v. LINDA M. HIB, et al., 15 Defendants. 16 17 On December 23, 2016, Defendant Daniel Hib, proceeding pro se, filed a Notice 18 of Removal of this unlawful detainer action from the San Joaquin County Superior 19 Court.1 ECF No. 1. This Court has an independent duty to ascertain its jurisdiction and 20 may remand sua sponte for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). 21 “The burden of establishing federal jurisdiction is on the party seeking removal, and the 22 removal statute is strictly construed against removal jurisdiction.” Emrich v. Touche 23 Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal 24 jurisdiction must be rejected if there is any doubt as to the right of removal in the first 25 instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). As explained below, 26 Defendant has failed to meet that burden. 27 1 28 Despite Defendants pro se status, the undersigned revokes any actual or anticipated referral to a Magistrate Judge. See L.R. 302(c)(21). 1 1 The Notice of Removal appears to be premised on the argument that this Court 2 has federal jurisdiction pursuant to 28 U.S.C. § 1331. ECF No. 1 at 2-3. However, a 3 review of the Complaint reveals that Plaintiff does not allege any federal claims; instead, 4 Plaintiff alleges only unlawful detainer under state law. ECF No. 1 at 5-10. 5 “The presence or absence of federal-question jurisdiction is governed by the ‘well- 6 pleaded complaint rule,’ which provides that federal jurisdiction exists only when a 7 federal question is presented on the fact of plaintiff’s properly pleaded complaint.” 8 Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). This is the case where the 9 complaint “establishes either that [1] federal law creates the cause of action or that 10 [2] the plaintiff’s right to relief necessarily depends on resolution of a substantial question 11 of federal law.” Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage 12 Leasehold & Easement, 524 F.3d 1090, 1100 (9th Cir. 2008) (quoting Franchise Tax Bd. 13 v. Constr. Laborers Vacation Trust, 463 U.S. 1, 27-28 (1983)). 14 Here, Plaintiff's one cause of action is for unlawful detainer under state law. At 15 most, Defendant argues that he has a defense under federal law. “A case may not be 16 removed to federal court on the basis of a federal defense . . . even if the defense is 17 anticipated in the plaintiff’s complaint, and even if both parties admit that the defense is 18 the only question truly at issue in the case.” ARCO Envtl. Remediation, LLC v. Dep’t. of 19 Health & Envtl. Quality of the State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000) 20 (citation and quotation marks omitted). Therefore, this Court lacks jurisdiction under 21 28 U.S.C. § 1331.2 22 Accordingly: 23 1. The action is REMANDED to the San Joaquin County Superior Court. 24 2. The Clerk of Court is directed to serve a certified copy of the order on the 25 26 27 28 Clerk of the San Joaquin County Superior Court, and reference the state 2 Nor has Defendants 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. See Fed. Home Loan Mortg. Corp. v. Cantillano, No. CV 12-01641 GAF (CMx), 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.”). 2 1 2 case number (No. STK-CV-LUDR-2016-10540) in the proof of service 3. 3 Defendants Motion to Proceed in Forma Pauperis (ECF No. 2) and Motion to Stay (ECF No. 3) are DENIED as moot. 4 4. The Clerk of Court is directed to close this case and vacate all dates. 5 5. The Clerk of the Court is ordered not to open another case removing the 6 7 8 following unlawful detainer action: No. STK-CV-LUDR-2016-10540. IT IS SO ORDERED. Dated: January 11, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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