GMAC Mortgage LLC v. Lopez

Filing 6

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/15/2011 10:00 AM. Show Cause Response due by 12/1/2011.. Signed by Judge Maria-Elena James on 11/17/2011. (cdnS, COURT STAFF) (Filed on 11/17/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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GMAC MORTGAGE LLC,
Plaintiff,

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No. C 11-5475 MEJ
ORDER TO SHOW CAUSE

v.
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MIGUEL LOPEZ,
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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On November 10, 2011, Defendant Miguel Lopez removed this unlawful detainer action from

13 Solano County Superior Court. However, an unlawful detainer action does not arise under federal
14 law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL 2194117, at *3
15 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at *2 (C.D. Cal. Nov.
16 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be remanded to state court.
17 Accordingly, the Court ORDERS Defendant Miguel Lopez to show cause why this case should not
18 be remanded to the Solano County Superior Court. Defendant shall file a declaration by December 1,
19 2011, and the Court shall conduct a hearing on December 15, 2011 at 10:00 a.m. in Courtroom B,
20 15th Floor, 450 Golden Gate Avenue, San Francisco, California. In his declaration, Defendant must
21 address how this Court has jurisdiction over Plaintiff’s unlawful detainer claim. Defendant should be
22 mindful that an anticipated federal defense is not sufficient to confer jurisdiction. Franchise Tax Bd.
23 of California v. Construction Laborers Vacation Trust, 463 U.S. 1, 10 (1983).
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IT IS SO ORDERED.

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26 Dated: November 17, 2011
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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GMAC MORTGAGE LLC,

Case Number: CV11-05475 MEJ

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Plaintiff,
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CERTIFICATE OF SERVICE
v.

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MIGUEL LOPEZ et al,
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Defendant.
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/

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For the Northern District of California

UNITED STATES DISTRICT COURT

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
10 Court, Northern District of California.
11 That on November 17, 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
12 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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Miguel Lopez
15 1900 Dailey Court
Dixon, CA 95620
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Dated: November 17, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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