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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?