Federal National Mortgage Association v. Watkins

Filing 6

ORDER signed by District Judge Morrison C. England, Jr on 4/17/2018 REMANDING CASE to San Joaquin County Superior Court with certified copy of remand order sent to other court; Clerk not to open another case removing the following unlawful detainer action: No. MAN-CV-LUDRF-2018-000036. CASE CLOSED. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,

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ORDER

v.

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NO 2:18-cv-00512-MCE-EFB

CHANELL S. WATKINS,
Defendant.

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On March 9, 2018, Defendant Chanell S. Watkins filed a Notice of Removal of this

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unlawful detainer action from the San Joaquin County Superior Court. ECF No. 1. This

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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

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establishing federal jurisdiction is on the party seeking removal, and the removal statute

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is strictly construed against removal jurisdiction.” Emrich v. Touche Ross & Co.,

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846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal jurisdiction must

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be rejected if there is any doubt as to the right of removal in the first instance.” Gaus v.

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Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). As explained below, Defendant has failed

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to meet that burden.

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

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instead, Plaintiff alleges only unlawful detainer under state law. “The presence or

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absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’

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which provides that federal jurisdiction exists only when a federal question is presented

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on the fact of plaintiff’s properly pleaded complaint.” Caterpillar, Inc. v. Williams, 482

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U.S. 386, 392 (1987). This is the case where the complaint “establishes either that [1]

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

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

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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.

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1, 27-28 (1983)).

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Here, Plaintiff's one cause of action is for unlawful detainer under state law. At

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most, Defendant argues that they have a defense under federal law. “A case may not

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be 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

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28 U.S.C. § 1331.1

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Accordingly:

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The action is REMANDED to the San Joaquin 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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Clerk of the San Joaquin County Superior Court, and reference the state

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case number (No. MAN-CV-LUDRF-2018-000036) in the proof of service

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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.
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.”).
Finally, no jurisdiction can be had under 28 U.S.C. § 1367 by way of an attempt to relate this action to
another wholly separate proceeding.

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

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

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following unlawful detainer action: No. MAN-CV-LUDRF-2018-000036.
IT IS SO ORDERED.
Dated: April 17, 2018

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