Federal Home Loan Mortgage Corporation v. Castillo

Filing 7

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 3/1/2012 10:00 AM. Show Cause Response due by 2/16/2012.. Signed by Judge Maria-Elena James on 2/1/2012. (cdnS, COURT STAFF) (Filed on 2/1/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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FEDERAL HOME LOAN MORTGAGE
CORPORATION,

No. C 12-0402 MEJ
ORDER TO SHOW CAUSE

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Plaintiff,
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v.
ADRIAN CASTILLO,
Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On January 25, 2012, Defendant Adrian Castillo 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 Adrian Castillo to show cause why this case should not
18 be remanded to the Solano County Superior Court. Defendant shall file a declaration by February 16,
19 2012, and the Court shall conduct a hearing on March 1, 2012 at 10:00 a.m. in Courtroom B, 15th
20 Floor, 450 Golden Gate Avenue, San Francisco, California. In the 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: February 1, 2012
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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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FEDERAL HOME LOAN MORTGAGE
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Case Number: CV12-0402 MEJ

Plaintiff,

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CERTIFICATE OF SERVICE

v.
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ADRIAN CASTILLO,
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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 February 1, 2012, 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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Adrian Castillo
15 900 Pintail Drive
Suisun City, CA 94585
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Dated: February 1, 2012
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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