Federal National Mortage Association v. Portillo
ORDER REMANDING CASE TO SUPERIOR COURT FOR COUNTY OF SONOMA (Illston, Susan) (Filed on 3/9/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, a/k/a FANNIE MAE,
United States District Court
For the Northern District of California
No. C 12-949 SI
ORDER REMANDING CASE TO
SUPERIOR COURT FOR COUNTY OF
NICOLAS PORTILLO, et al.,
The Court has reviewed defendant Portillo’s response to the Order to Show Cause Why Case
Should Not Be Remanded to State Court for Lack of Jurisdiction. Defendant asserts that this Court has
jurisdiction over the unlawful detainer complaint because the complaint originally could have been filed
in this Court. Defendant is incorrect.
Under the well-pleaded complaint rule, the basis for removal jurisdiction must be evident from
the complaint. See Franchise Tax Bd. of California v. Construction Laborers Vacation Trust for So.
California, 463 U.S. 1, 9-12 (1983). There are no federal claims alleged in the complaint. Where there
is no federal question jurisdiction, an action is not removable on the basis of diversity of citizenship if
the defendant is a citizen of the state in which the action was brought. See 28 U.S.C. § 1441(a), (b).
Here, defendants are California residents, and thus removal was improper.
Accordingly, this case is REMANDED to the Superior Court for the County of Sonoma.
IT IS SO ORDERED.
Dated: March 9, 2012
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?