JPMorgan Chase Bank National Association v. Finney

Filing 4

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 3/29/2012 10:00 AM. Show Cause Response due by 3/15/2012.. Signed by Judge Maria-Elena James on 3/5/2012. (cdnS, COURT STAFF) (Filed on 3/5/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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JPMORGAN CHASE BANK,
Plaintiff,

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No. C 12-1033 MEJ
ORDER TO SHOW CAUSE

v.
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MARILYN D. FINNEY,
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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On February 29, 2012, Defendant Marilyn D. Finney removed this unlawful detainer action

13 from Alameda 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 Marilyn Finney to show cause
18 why this case should not be remanded to the Alameda County Superior Court. Defendant shall file a
19 declaration by March 15, 2012, and the Court shall conduct a hearing on March 29, 2012 at 10:00
20 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. In her
21 declaration, Defendant must address how this Court has jurisdiction over Plaintiff’s unlawful detainer
22 claim.
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Defendant should be mindful that an anticipated federal defense or counterclaim is not

24 sufficient to confer jurisdiction. Franchise Tax Bd. of California v. Construction Laborers Vacation
25 Trust, 463 U.S. 1, 10 (1983); Berg v. Leason, 32 F.3d 422, 426 (9th Cir.1994). “A case may not be
26 removed to federal court on the basis of a federal defense, . . . even if the defense is anticipated in the
27 plaintiff's complaint, and even if both parties admit that the defense is the only question truly at issue
28 in the case.” ARCO Environmental Remediation, LLC v. Dept. of Health and Environmental Quality

1 of the State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000); see also Valles v. Ivy Hill Corp., 410
2 F.3d 1071, 1075 (9th Cir. 2005) (“A federal law defense to a state-law claim does not confer
3 jurisdiction on a federal court, even if the defense is that of federal preemption and is anticipated in
4 the plaintiff's complaint.”). Thus, any anticipated defense, such as a claim under the Protecting
5 Tenants at Foreclosure Act (“PTFA”), Pub.L. No. 111–22, § 702, 123 Stat. 1632 (2009), is not a valid
6 ground for removal. See e.g. Aurora Loan Services, LLC v. Montoya, 2011 WL 5508926, at *4
7 (E.D.Cal. Nov. 9, 2011); SD Coastline LP v. Buck, 2010 WL 4809661, at *2–3 (S.D.Cal. Nov.19,
8 2010); Wescom Credit Union v. Dudley, 2010 WL 4916578, at 2–3 (C.D.Cal. Nov. 22, 2010); Aurora
9 Loan Services, LLC v. Martinez, 2010 WL 1266887, at * 1 (N.D.Cal. March 29, 2010).
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IT IS SO ORDERED.

12 Dated: March 5, 2012
For the Northern District of California

UNITED STATES DISTRICT COURT

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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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4 JPMORGAN CHASE BANK,
Case Number: CV12-1033 MEJ
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Plaintiff,
v.

CERTIFICATE OF SERVICE

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MARILYN D. FINNEY,
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Defendant.
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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 March 5, 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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Marilyn D. Finney
15 17320 Redwood Road
Castro Valley, CA 94546
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Dated: March 5, 2012
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Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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