Wells Fargo Bank, National Association v. Fuentes et al

Filing 11

ORDER TO SHOW CAUSE AND GRANTING IN FORMA PAUPERIS re 2 MOTION for Leave to Proceed in forma pauperis filed by Helen Bustamante, 3 MOTION for Leave to Proceed in forma pauperis filed by Jimmy Lopez Show Cause Response due by 1/3/2012.. Signed by Judge Alsup on December 12, 2011. (whalc2, COURT STAFF) (Filed on 12/12/2011) (Additional attachment(s) added on 12/12/2011: # 1 Certificate of Service) (dt, COURT STAFF).

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
WELLS FARGO BANK, N.A.,

11
For the Northern District of California

United States District Court

10

12
13
14
15

No. C 11-05130 WHA

Plaintiff,
v.

ORDER TO SHOW CAUSE AND
GRANTING IN FORMA PAUPERIS

ALBERTO B. FUENTES, HELEN
BUSTAMANTE, and JIMMY LOPEZ,
Defendants.
/

16
17

On October 19, 2011, defendants Jimmy Lopez and Helen Bustamante removed this

18

unlawful detainer action from the Superior Court of California, Placer County, to federal district

19

court. Each filed an application to proceed in forma pauperis.

20

This unlawful detainer action arises under California Code of Civil Procedure Section

21

1161a, not federal law. There does not appear to be any basis for diversity jurisdiction, as the

22

complaint states the amount in controversy does not exceed $10,000. As such, it appears this

23

Court lacks subject-matter jurisdiction and the case should be remanded to state court.

24

Accordingly, defendants Lopez and Bustamante are hereby ORDERED TO SHOW CAUSE why this

25

action should not be remanded to state court. Defendants must file a written response by

26

JANUARY 3, 2012, and address the basis for this Court’s jurisdiction over this unlawful detainer

27

action. Defendants should be mindful that an anticipated federal defense is not sufficient to

28

confer jurisdiction. Franchise Tax Bd. of Cal. v. Constr. Laborers Vacation Trust for S. Cal., 463
U.S. 1, 10 (1983).

1

Defendants Lopez and Bustamante each submitted an application to proceed in forma

2

pauperis (Dkt. Nos. 2 and 3). Pursuant to 28 U.S.C. 1915(a), a court may authorize a party to

3

pursue an action in federal court without prepayment of fees or security if the party submits an

4

affidavit showing that it is unable to pay such fees or provide security. Having reviewed

5

defendants’ applications to proceed in forma pauperis, it appears neither defendant is able to pay

6

the fee required of each of them. Therefore, defendants Lopez and Bustamante’s respective

7

applications to proceed in forma pauperis are hereby GRANTED.

8
9

IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10
Dated: December 12, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2