CHV, Inc. et al v. Custodio

Filing 9

ORDER REMANDING CASE. Signed by Judge Charles R. Breyer on 10/18/2011. (crblc1, COURT STAFF) (Filed on 10/18/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 CHV, INC. and DASH STRATEGIES, LLC, 12 13 14 15 No. C 11-04933 CRB ORDER REMANDING CASE Plaintiffs, v. ALMA L. CUSTODIO, and DOES 1 to 10, Defendants. / 16 17 Defendants Alma L. Custodio removed this case from state court on October 5, 2011. 18 See dkt. 1. The case was reassigned on October 17, 2011. See dkt. 8. Upon review of the 19 state court complaint attached to the Notice of Removal, see dkt. 1 Ex. A, it is apparent to the 20 Court that it does not have jurisdiction over this case. 21 Federal question jurisdiction exists only when a federal question exists on the face of 22 a well-pleaded complaint. See Wayne v. DHL Worldwide Express, 294 F.3d 1179, 1183 23 (9th Cir. 2002). The state court complaint here involves only a claim of unlawful detainer. 24 See dkt. 1 Ex. A (“COMPLAINT FOR UNLAWFUL DETAINER”). Therefore, no federal 25 question is presented. See Deutsche Bank Nat. Trust Co. v. Ashley, No. 07-cv-1164-BEN, 26 2007 WL 2317104, at *1 (S.D. Cal. Aug. 8, 2007). That Defendants have asserted “a 27 defense arising under the express terms of a Federal statute” in their removal, see dkt. 1 at 2, 28 does not give the Court subject matter jurisdiction. See Alton Box Bd. Co. v. Esprit de 1 Corp., 682 F.2d 1267, 1274 (9th Cir. 1982). Moreover, based upon the face of the well- 2 pleaded complaint, which alleges that the amount in controversy is “$100,” and indicates that 3 Defendants are what is known as local defendants (residing in the State in which this action 4 has been brought), see dkt. 1 Ex. A at 1-2, there is also no diversity jurisdiction. See 28 5 U.S.C. § 1441(b). 6 Accordingly, this case is REMANDED to San Mateo County Superior Court. 7 IT IS SO ORDERED. 8 9 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: October 18, 2011 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2011\4933\order remanding.wpd 2

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