Deutsche Bank Trust Company Americas as Trustee v. Bradford et al

Filing 5

ORDER REMANDING CASE TO STATE COURT. Signed by Judge Nathanael M. Cousins on 3/19/12. (nclc1, COURT STAFF) (Filed on 3/19/2012) (Additional attachment(s) added on 3/19/2012: # 1 Certificate of service) (lmh, COURT STAFF).

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff, 14 15 16 17 v. Case No. 12-cv-01251 NC ORDER REMANDING CASE TO STATE COURT Re: Dkt. No. 1 SYLVESTER BRADFORD and JOHN ROBINSON, Defendants. 18 19 Defendant John Robinson removed this action for unlawful detainer to this Court on 20 March 13, 2012. Dkt. No. 1. Because Robinson’s notice of removal does not establish that this 21 action can be removed under 28 U.S.C. 1441, this action is REMANDED to state court. 22 “Any civil action brought in a State court of which the district courts of the United States 23 have original jurisdiction, may be removed by the defendant or the defendants, to the district 24 court of the United States for the district and division embracing the place where such action is 25 pending.” 28 U.S.C. § 1441(a). “Any civil action of which the district courts have original 26 jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the 27 United States shall be removable without regard to the citizenship or residence of the parties. 28 Any other such action shall be removable only if none of the parties in interest properly joined Case No. 12-cv-01251 NC ORDER REMANDING CASE 1 and served as defendants is a citizen of the State in which such action is brought.” 28 U.S.C. § 2 1441(b). “If the district court at any time determines that it lacks jurisdiction over the removed 3 action, it must remedy the improvident grant of removal by remanding the action to state court.” 4 California ex rel. Lockyer v. Dynegy, Inc., 375 F.3d 831, 838 (9th Cir. 2004) (citations omitted). 5 “The removal statute is strictly construed against removal jurisdiction, and the burden of 6 establishing federal jurisdiction falls to the party invoking the statute.” Id. 7 Here, Robinson has not met his burden to establish that removal of this action is proper. 8 First, this action cannot be removed based on federal question jurisdiction because the operative 9 complaint alleges a single claim of unlawful detainer that arises under California law as opposed 10 to federal law. Dkt. No. 1, Ex. A, Compl. at 1. Any defenses raised by Robinson in a demurrer 11 are irrelevant to the determination of whether this action arises under federal law. Second, this 12 action cannot be removed based on diversity jurisdiction because Robinson is a citizen of 13 California, which is where this action was brought. See 28 U.S.C. 1441(b); Dkt. No. 1, Ex. A, 14 Compl. at 1. Indeed, Robinson alleges that he resides in Oakland, California. Dkt. No. 1 at 3. As 15 the Court lacks subject matter jurisdiction over this action, this action is REMANDED to state 16 court. 17 IT IS SO ORDERED. 18 19 Date: March 19, 2012 20 _____________________ Nathanael M. Cousins United States Magistrate Judge 21 22 23 24 25 26 27 28 Case No. 12-cv-01251 NC ORDER REMANDING CASE 2

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