US Bank National Association as Trustee for CMLIT 2007-ARB et al -v- Robles

Filing 5

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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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 U.S. BANK NATIONAL ASSOC., Plaintiff, 7 No. C 11-5476 MEJ ORDER TO SHOW CAUSE v. 8 MANUEL ROBLES, 9 10 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 On November 10, 2011, Defendant Manuel Robles removed this unlawful detainer action 13 from Alameda County Superior Court. However, an unlawful detainer action does not arise under 14 federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL 15 2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at *2 16 (C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be 17 remanded to state court. Accordingly, the Court ORDERS Defendant Manuel Robles to show cause 18 why this case should not be remanded to the Alameda County Superior Court. Defendant shall file a 19 declaration by December 1, 2011, and the Court shall conduct a hearing on December 15, 2011 at 20 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. In his 21 declaration, Defendant must address how this Court has jurisdiction over Plaintiff’s unlawful detainer 22 claim. Defendant should be mindful that an anticipated federal defense is not sufficient to confer 23 jurisdiction. Franchise Tax Bd. of California v. Construction Laborers Vacation Trust, 463 U.S. 1, 24 10 (1983). 25 IT IS SO ORDERED. 26 27 Dated: November 17, 2011 28 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 4 U.S. BANK NATIONAL ASSOC., Case Number: CV11-05476 MEJ 5 Plaintiff, CERTIFICATE OF SERVICE 6 v. 7 MANUEL ROBLES, 8 Defendant. / For the Northern District of California UNITED STATES DISTRICT COURT 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District 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 12 copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located 13 in the Clerk's office. 14 15 Manuel Robles 21667 Westfield Avenue 16 Hayward, CA 94541 17 18 Dated: November 17, 2011 19 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 20 21 22 23 24 25 26 27 28 2

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