Bank of America, N.A. v. Lozada

Filing 4

ORDER VACATING CMC. ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 3/21/2013 10:00 AM. Show Cause Response due by 3/7/2013.. Signed by Judge Maria-Elena James on 2/22/2013. (cdnS, COURT STAFF) (Filed on 2/22/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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BANK OF AMERICA, N.A.,
Plaintiff,

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No. C 12-06023 MEJ
ORDER TO SHOW CAUSE

v.
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RUBY LOZADA,
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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On November 27, 2012, Defendant Ruby Lozada removed this unlawful detainer action from

13 Solano County Superior Court. However, an unlawful detainer action does not arise under federal
14 law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL 2194117, at *3
15 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at *2 (C.D. Cal. Nov.
16 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be remanded to state court.
17 Accordingly, the Court ORDERS Defendant to show cause why this case should not be remanded to
18 the Solano County Superior Court. Defendant shall file a declaration by March 7, 2013, and the
19 Court shall conduct a hearing on March 21, 2013 at 10:00 a.m. in Courtroom B, 15th Floor, 450
20 Golden Gate Avenue, San Francisco, California. In the declaration, Defendant must address how this
21 Court has jurisdiction over Plaintiff’s unlawful detainer claim.
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Defendant 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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The February 28, 2013 Case Management Conference is VACATED.
IT IS SO ORDERED.

12 Dated: February 22, 2013
For the Northern District of California

UNITED STATES DISTRICT COURT

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_______________________________
Maria-Elena James
United States Magistrate Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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4 BANK OF AMERICA,

No. C 12-06023 MEJ

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CERTIFICATE OF SERVICE

Plaintiff(s),
v.

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RUBY LOZADA,
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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 February 22, 2013, 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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Ruby Lozada
15 4941 Paramont Way
Fairfield, CA 94534
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Dated: February 22, 2013
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Richard W. Wieking, Clerk
By: Rose Maher, Deputy Clerk

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