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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UNITED STATES DISTRICT COURT

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Northern District of California

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

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No. C 11-2580 MEJ
ORDER TO SHOW CAUSE

Plaintiff,
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v.

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JUANITO DIMAYUGA,

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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

On May 27, 2011, Defendant Juanito Dimayuga removed this unlawful detainer action from
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Contra Costa County Superior Court. However, an unlawful detainer action does not arise under
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federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL
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2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at *2
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(C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be
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remanded to state court. Accordingly, the Court ORDERS Defendant Juanito Dimayuga to show
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cause why this case should not be remanded to the Contra Costa County Superior Court. Defendant
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shall file a declaration by September 22, 2011, and the Court shall conduct a hearing on September
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29, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco,
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California. In his declaration, Defendant must address how this Court has jurisdiction over
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Plaintiff’s unlawful detainer claim. Defendant should be mindful that an anticipated federal defense
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is not sufficient to confer jurisdiction. Franchise Tax Bd. of California v. Construction Laborers
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Vacation Trust, 463 U.S. 1, 10 (1983). The September 8, 2011 c.m.c. is vacated.
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IT IS SO ORDERED.
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Dated: September 6, 2011
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

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Case Number: 11-2580 MEJ

Plaintiff,

CERTIFICATE OF SERVICE

v.
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JUANITO DIMAYUGA
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Defendant.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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/

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.

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Juanito Dimayuga
2986 Chevy Way
San Pablo, CA 94806

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Dated: September 6, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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