Federal National Mortage Association v. Portillo

Filing 5

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT BECAUSE OF LACK OF FEDERAL JURISDICTION (Illston, Susan) (Filed on 2/27/2012) (Additional attachment(s) added on 2/27/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

Download PDF
1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 FEDERAL NATIONAL MORTGAGE ASSOCIATION, a/k/a FANNIE MAE, 8 Plaintiff, 9 United States District Court For the Northern District of California 10 11 No. C 12-949 SI ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT BECAUSE OF LACK OF FEDERAL JURISDICTION v. NICOLAS PORTILLO, et al., Defendants. / 12 13 On February 24, 2012, pro se defendant Nicolas Portillo removed this unlawful detainer action 14 from state court. From the face of the complaint, this Court lacks jurisdiction. Under the well-pleaded 15 complaint rule, the basis for removal jurisdiction must be evident from the complaint. See Franchise 16 Tax Bd. of California v. Construction Laborers Vacation Trust for So. California, 463 U.S. 1, 9-12 17 (1983). There are no federal claims alleged in the complaint. Where there is no federal question 18 jurisdiction, an action is not removable on the basis of diversity of citizenship if the defendant is a 19 citizen of the state in which the action was brought. See 28 U.S.C. ยง 1441(a), (b). Here, defendants 20 appear to be California residents, and thus removal is improper. 21 Accordingly, defendant Portillo is ORDERED TO SHOW CAUSE in writing to be filed no 22 later than March 7, 2012 why this case should not be remanded to the Superior Court for the 23 County of Sonoma. If defendant asserts that removal was proper and this Court has jurisdiction, 24 defendant must specifically identify the basis for jurisdiction. 25 26 27 28 IT IS SO ORDERED. Dated: February 27, 2012 SUSAN ILLSTON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?