Federal National Mortgage Association v. Dimayuga

Filing 4

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/29/2011 10:00 AM. Show Cause Response due by 9/22/2011.. Signed by Judge Maria-Elena James on 9/6/2011. (cdnS, COURT STAFF) (Filed on 9/6/2011)

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1 2 UNITED STATES DISTRICT COURT 3 Northern District of California 4 5 FEDERAL NATIONAL MORTGAGE ASSOCIATION, 6 No. C 11-2580 MEJ ORDER TO SHOW CAUSE Plaintiff, 7 v. 8 JUANITO DIMAYUGA, 9 Defendant. _____________________________________/ 10 11 For the Northern District of California UNITED STATES DISTRICT COURT On May 27, 2011, Defendant Juanito Dimayuga removed this unlawful detainer action from 12 Contra Costa County Superior Court. However, an unlawful detainer action does not arise under 13 federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL 14 2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at *2 15 (C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be 16 remanded to state court. Accordingly, the Court ORDERS Defendant Juanito Dimayuga to show 17 cause why this case should not be remanded to the Contra Costa County Superior Court. Defendant 18 shall file a declaration by September 22, 2011, and the Court shall conduct a hearing on September 19 29, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, 20 California. In his declaration, Defendant must address how this Court has jurisdiction over 21 Plaintiff’s unlawful detainer claim. Defendant should be mindful that an anticipated federal defense 22 is not sufficient to confer jurisdiction. Franchise Tax Bd. of California v. Construction Laborers 23 Vacation Trust, 463 U.S. 1, 10 (1983). The September 8, 2011 c.m.c. is vacated. 24 IT IS SO ORDERED. 25 26 Dated: September 6, 2011 27 28 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 FEDERAL NATIONAL MORTGAGE ASSOCIATION, 6 Case Number: 11-2580 MEJ Plaintiff, CERTIFICATE OF SERVICE v. 7 JUANITO DIMAYUGA 8 Defendant. 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 6, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 14 15 16 Juanito Dimayuga 2986 Chevy Way San Pablo, CA 94806 17 18 19 Dated: September 6, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 20 21 22 23 24 25 26 27 28 2

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