Federal National Mortage Association v. Portillo

Filing 7

ORDER REMANDING CASE TO SUPERIOR COURT FOR COUNTY OF SONOMA (Illston, Susan) (Filed on 3/9/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FEDERAL NATIONAL MORTGAGE
ASSOCIATION, a/k/a FANNIE MAE,

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Plaintiff,

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United States District Court
For the Northern District of California

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No. C 12-949 SI
ORDER REMANDING CASE TO
SUPERIOR COURT FOR COUNTY OF
SONOMA

v.
NICOLAS PORTILLO, et al.,
Defendants.

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The Court has reviewed defendant Portillo’s response to the Order to Show Cause Why Case

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Should Not Be Remanded to State Court for Lack of Jurisdiction. Defendant asserts that this Court has

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jurisdiction over the unlawful detainer complaint because the complaint originally could have been filed

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in this Court. Defendant is incorrect.

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Under the well-pleaded complaint rule, the basis for removal jurisdiction must be evident from

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the complaint. See Franchise Tax Bd. of California v. Construction Laborers Vacation Trust for So.

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California, 463 U.S. 1, 9-12 (1983). There are no federal claims alleged in the complaint. Where there

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is no federal question jurisdiction, an action is not removable on the basis of diversity of citizenship if

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the defendant is a citizen of the state in which the action was brought. See 28 U.S.C. § 1441(a), (b).

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Here, defendants are California residents, and thus removal was improper.

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Accordingly, this case is REMANDED to the Superior Court for the County of Sonoma.

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IT IS SO ORDERED.

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Dated: March 9, 2012
SUSAN ILLSTON
United States District Judge