Polymathic Properties, Inc. v. Maramag et al

Filing 13

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF JURISDICTION (Illston, Susan) (Filed on 6/22/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE REMANDED TO
STATE COURT FOR LACK OF
JURISDICTION

Plaintiff,

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No. C 12-2507 SI

POLYMATHIC PROPERTIES, INC.,

v.
DON G. MARAMAG, et al.,
Defendants.

/

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On May 16, 2012, pro se defendants Don G. Maramag and Bernardina Maramag removed this
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unlawful detainer action from state court. Under the well-pleaded complaint rule, the basis for removal
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jurisdiction must be evident from the complaint. See Franchise Tax Bd. of California v. Construction
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Laborers Vacation Trust for So. California, 463 U.S. 1, 9-12 (1983) (discussing well-pleaded complaint
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rule). From the face of the complaint, this Court lacks jurisdiction because there are no federal claims
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in the lawsuit. Where there is no federal question jurisdiction, an action is not removable on the basis
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of diversity of citizenship if the defendant is a citizen of the state in which the action was brought. See
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28 U.S.C. § 1441(a), (b). Here, the notice of removal states that defendants are California residents, and
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thus removal is improper.
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Accordingly, defendants are ORDERED TO SHOW CAUSE in writing no later than July
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3, 2012 why this case should not be remanded to the Superior Court for the County of Napa. If
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defendants assert that removal was proper and this Court has jurisdiction, defendants must specifically
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identify the basis for jurisdiction.
Until further order of the Court, briefing on plaintiff’s motion to remand is suspended.

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IT IS SO ORDERED.

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Dated: June 22, 2012
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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