Wachovia Mortgage, FSB v. Magana

Filing 20

ORDER REMANDING CASE.. Signed by Judge Charles R. Breyer on June 22, 2010. (crblc2, COURT STAFF) (Filed on 6/22/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WACHOVIA MORTGAGE, Plaintiff, v. ALMA MAGANA, Defendant. / No. C 10-1258 CRB ORDER REMANDING TO STATE COURT On May 3, 2010, this Court issued an order to show case why this case should not be remanded to state court for lack of federal subject matter jurisdiction. See Dkt. #10. Defendant, who had removed this case, filed an opposition on May 28, 2010. See Dkt. #14. Defendant argues that federal question jurisdiction exists by virtue of the Protecting Tenants at Foreclosure Act. However, Plaintiff's complaint states no claim under that Act. Instead, the complaint asserts an unlawful detainer action. Such an action raises no federal question, and even if Defendant were able to articulate a federal counterclaim, such counterclaims cannot give rise to federal jurisdiction. Alternatively, Defendant suggests that diversity jurisdiction exists. However, the complaint seeks less than $10,000 in damages. This is insufficient under the statute, which requires at least $75,000. Plaintiff argues that her counterclaims are sufficiently valuable, but the amount in controversy is determined without regard to the value of a Defendant's counterclaims. Snow v. Ford Motor Co., 561 F.2d 787, 789 (9th Cir. 1977). 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Because there is no basis for either federal question or diversity jurisdiction, this case is REMANDED to state court. IT IS SO ORDERED. Dated: June 22, 2010 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 2

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