US Bank National Association v. Alvarado

Filing 4

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/12/2012 10:00 AM. Show Cause Response due by 12/27/2011.. Signed by Judge Maria-Elena James on 12/13/2011. (cdnS, COURT STAFF) (Filed on 12/13/2011)

1
2
3

UNITED STATES DISTRICT COURT

4

Northern District of California

5
6

US BANK NATIONAL ASSOCIATION,
Plaintiff,

7

No. C 11-6153 MEJ
ORDER TO SHOW CAUSE

v.
8
ROSIE ALVARADO, et al.,
9
10

Defendants.
_____________________________________/

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11
On December 7, 2011, Defendant Rosie Alvarado removed this unlawful detainer action from

13 Contra Costa 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 Rosie Alvarado to show cause
18 why this case should not be remanded to the Contra Costa County Superior Court. Defendant shall
19 file a declaration by December 27, 2011, and the Court shall conduct a hearing on January 12, 2012
20 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. In
21 her declaration, Defendant must address how this Court has jurisdiction over Plaintiff’s unlawful
22 detainer claim. Defendant should be mindful that an anticipated federal defense is not sufficient to
23 confer jurisdiction. Franchise Tax Bd. of California v. Construction Laborers Vacation Trust, 463
24 U.S. 1, 10 (1983).
25

IT IS SO ORDERED.

26
27 Dated: December 13, 2011
28

_______________________________
Maria-Elena James
Chief United States Magistrate Judge

1
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

2
3

4 US BANK NATIONAL ASSOCIATION,
Case Number: CV11-6153 MEJ
5

Plaintiff,
v.

CERTIFICATE OF SERVICE

6
ROSIE ALVARADO, et al.,
7
Defendants.
/

8
9

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 December 13, 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.
13
14
Rosie Alvarado
15 4421 Pampas Circle
Antioch, CA 94531
16
17
Dated: December 13, 2011
18

Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

19
20
21
22
23
24
25
26
27
28
2