California Housing Finance Agency v. Herrera

Filing 7

SUA SPONTE REQUEST FOR RELATED CASE DETERMINATION. Signed by Judge Jacqueline Scott Corley on November 26, 2012. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 11/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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CALIFORNIA HOUSING FINANCE
AGENCY,

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Plaintiff,

Case No.: 12-5482 JSC
SUA SPONTE REQUEST FOR
RELATED CASE DETERMINATION
(Civil L.R. 3-12(c))

v.

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DAVID HERRERA,
Defendant.

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Defendant David Herrera, proceeding pro se, removed this unlawful detainer civil
action from the Contra Costa County Superior Court alleging federal question jurisdiction.
The underlying complaint alleges a violation of California Code of Civil Procedure 1161a.
Northern District of California Local Rule 3-12(c) provides: Whenever a Judge
believes that a case pending before that Judge is related to another case, the Judge may refer
the case to the Judge assigned to the earliest- filed case with a request that the Judge assigned
to the earliest-filed case consider whether the cases are related.
In reviewing Defendant’s Notice of Removal and the related-filed documents, it has
come to the Court’s attention that this action may be related to California Housing Authority
v. Herrera, No. 12-00105 WHA. The earlier action also sought to remove the same unlawful

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detainer action filed against Defendant David Herrera in the Contra Costa County Superior

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Court. The basis for removal in that action was also federal question jurisdiction. The

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Honorable Judge Alsup remanded that case back the Superior Court of California, County of

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Contra Costa on May 4, 2012. See California Housing Authority v. Herrera, No. 12-00105

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WHA, Dkt. No. 20. In this action, Defendant seeks to remove the same unlawful detainer

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action concerning the same real property. The only difference between the two notices of

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removal is one line in the caption, which in this case states “42 U.S.C. § 1983 Discrimination

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Civil Action for Deprivation of Rights,” and in the prior case was replaced with “S. 896 Sec.

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702 Effect of Floreclosure [sic] on Preexisting Tenancy.” Compare No. 12-5482 JSC, Dkt.

Northern District of California

No. 1 with No. 12-00105 WHA, Dkt. No. 1. The text of the documents is otherwise the same.

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United States District Court

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The Court notes that on June 26, 2012, Plaintiff filed yet another Notice of Removal of

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the same unlawful detainer action premised instead on diversity jurisdiction which was

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assigned to the undersigned. California Housing Authority v. Herrera, No. 12-3301 WHA,

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Dkt. No. 1. The undersigned similarly filed a Sua Sponte Related Case Determination

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Request in that action, and on August 30, 2012, the Honorable Judge Alsup related that action

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to No. 12-00105. Id. at Dkt. No. 9. The Court remanded the case on October 2, 2012. Id. at

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Dkt. No. 19. Thus, this action is the third time Plaintiff has removed the same unlawful

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detainer proceeding.

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Accordingly, pursuant to Local Rule 3-12(c) this action is referred to the Honorable

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William Alsup for a determination of whether this action is related to California Housing

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Authority v. Herrera, No. 12-00105 WHA.

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IT IS SO ORDERED.

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Dated: November 26, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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