Last Mile Properties, LLC v. Uribe et al

Filing 7

ORDER REMANDING CASE.. Signed by Judge Charles R. Breyer on 9/19/2011. (crblc1, COURT STAFF) (Filed on 9/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-04025 CRB

LAST MILE PROPERTIES, LLC,

ORDER REMANDING CASE

Plaintiff,
v.
JESUS URIBE, ET AL.,
Defendants.

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Defendants Jesus and Lorena Uribe removed this case from state court on August 17,

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2011. See dkt. 1. The case was reassigned on September 16, 2011. See dkt. 6. Upon review

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of the state court complaint attached to the Notice of Removal, see dkt. 1, it is apparent to the

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Court that it does not have jurisdiction over this case.

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Federal question jurisdiction exists only when a federal question exists on the face of

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a well-pleaded complaint. See Wayne v. DHL Worldwide Express, 294 F.3d 1179, 1183

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(9th Cir. 2002). The state court complaint here involves only a claim of unlawful detainer.

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see dkt. 1 (“COMPLAINT IN UNLAWFUL DETAINER”). Therefore, no federal question

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is presented. See Deutsche Bank Nat. Trust Co. v. Ashley, No. 07-cv-1164-BEN, 2007 WL

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2317104, at *1 (S.D. Cal. Aug. 8, 2007). That Defendants have asserted numerous federal

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causes of action in their removal, see dkt. 1, presumably as defenses, does not give the Court

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subject matter jurisdiction. See Alton Box Bd. Co. v. Esprit de Corp., 682 F.2d 1267, 1274

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(9th Cir. 1982). Moreover, based upon the face of the well-pleaded complaint, which alleges

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that the amount in controversy is “under $10,000,” and indicates that Defendants are what is

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known as local defendants (residing in the State in which this action has been brought),

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see dkt. 1, there is also no diversity jurisdiction. See 28 U.S.C. § 1441(b).

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Accordingly, this case is REMANDED to Alameda County Superior Court.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: September 19, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2011\4025\order remanding.wpd

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