Wells Fargo Bank, National Association v. Bustamante et al

Filing 4

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 5/31/2012 10:00 AM. Show Cause Response due by 5/17/2012.. Signed by Judge Maria-Elena James on 4/30/2012. (cdnS, COURT STAFF) (Filed on 4/30/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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WELLS FARGO BANK, et al.,
Plaintiffs,

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No. C 12-2089 MEJ
ORDER TO SHOW CAUSE

v.
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HELEN BUSTAMANTE and JIMMY
LOPEZ,
Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On April 26, 2012, the Defendants removed this unlawful detainer action from Placer County

13 Superior Court. However, an unlawful detainer action does not arise under federal law but is purely a
14 creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL 2194117, at *3 (N.D. Cal. June 6,
15 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at *2 (C.D. Cal. Nov. 22, 2010). Thus, it
16 appears that jurisdiction is lacking and the case should be remanded to state court. Accordingly, the
17 Court ORDERS Defendants to show cause why this case should not be remanded to the Placer
18 County Superior Court. Defendants shall file a declaration by May 17, 2012, and the Court shall
19 conduct a hearing on May 31, 2012 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate
20 Avenue, San Francisco, California. In the declaration, Defendants must address how this Court has
21 jurisdiction over Plaintiff’s unlawful detainer claim.
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Defendants should be mindful that an anticipated federal defense or counterclaim is not

23 sufficient to confer jurisdiction. Franchise Tax Bd. of California v. Construction Laborers Vacation
24 Trust, 463 U.S. 1, 10 (1983); Berg v. Leason, 32 F.3d 422, 426 (9th Cir.1994). “A case may not be
25 removed to federal court on the basis of a federal defense, . . . even if the defense is anticipated in the
26 plaintiff's complaint, and even if both parties admit that the defense is the only question truly at issue
27 in the case.” ARCO Environmental Remediation, LLC v. Dept. of Health and Environmental Quality
28 of the State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000); see also Valles v. Ivy Hill Corp., 410

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

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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

11 Dated: April 30, 2012

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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WELLS FARGO BANK,

No. C 12-02089 MEJ

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Plaintiff(s),
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CERTIFICATE OF SERVICE

v.

6 JIMMY BUSTAMANTE,
Defendant(s).

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/
9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
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That on April 30, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
11 copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
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For the Northern District of California

UNITED STATES DISTRICT COURT

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14 Helen Bustamante
Jimmy Lopez
15 5141 Ashley Woods Drive
Granite Bay, CA 95746
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Dated: April 30, 2012
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Richard W. Wieking, Clerk
By: Rose Maher, Deputy Clerk

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