Pacific Landstar Investment LLC v. Jones

Filing 9

ORDER by Magistrate Judge Jacqueline Scott Corley granting 7 Motion to Remand (Attachments: # 1 Certificate of Service) (ahm, COURT STAFF) (Filed on 12/10/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 PACIFIC LANDSTAR INVESTMENTS, LLC, Plaintiff, 13 Case No. 13-5055 JSC ORDER GRANTING PLAINTIFF’S MOTION TO REMAND v. 14 15 16 LOURIA JONES, Defendant. 17 18 Plaintiff brought this state law unlawful detainer action against Defendant in the Superior 19 20 Court of California for the County of Alameda seeking to evict Defendant from real property located 21 in Oakland. Defendant Louria Jones, representing herself, subsequently purported to remove the 22 action to this Court on the basis of diversity jurisdiction. Now pending before the Court is Plaintiff’s 23 motion to remand this action back to state court. Because the Court finds the motion suitable for 24 disposition without oral argument pursuant to Local Rule 7–1(b), the Court VACATES the hearing 25 set for December 12, 2013. For the reasons stated below, the Court GRANTS the motion. 1 26 27 28 1 The parties have consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c). 1 DISCUSSION 2 Defendant, as the party seeking removal to this federal court, bears the burden of establishing 3 that subject matter jurisdiction exists, and courts strictly construe the removal statute against removal 4 jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566-67 (9th Cir. 1992). Jurisdiction founded on 5 diversity “requires that the parties be in complete diversity and the amount in controversy exceed 6 $75,000.” Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003). 7 Complete diversity means that “each of the plaintiffs must be a citizen of a different state than each 8 of the defendants.” Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1095 (9th Cir. 2004). 9 Defendant has not established that the parties are diverse. Although the removed complaint Northern District of California is silent as to Plaintiff’s citizenship, Defendant’s Notice of Removal states that Plaintiff is “a 11 United States District Court 10 Corporation doing business in California,” and that Plaintiff is a resident of California. (Dkt. No. 1 12 ¶¶ 5-6.) Rather than establish that the parties are diverse, Defendant’s Notice demonstrates that they 13 are citizens of the same state. Moreover, even if diversity existed, removal would still be improper 14 because Defendant, an apparent California resident, is precluded from removing an action where she 15 is a citizen of the state in which the action was brought. 28 U.S.C. § 1441(b)(2). 16 While Defendant does not base removal on federal question jurisdiction, such an assertion 17 would likewise fail. “Federal question jurisdiction exists only when a federal question exists on the 18 face of a well-pleaded complaint.” ING Bank, FSB v. Pineda, 2012 WL 2077311, at *1 (N.D. Cal. 19 June 8, 2012). The removed complaint makes only a state law claim for unlawful detainer. (Dkt. 20 No. 1, p. 6.) Therefore, this Court does not have federal question jurisdiction. ING Bank, FSB, 2012 21 WL 2077311, at *1. CONCLUSION 22 23 24 25 Based on the foregoing, the Court GRANTS Plaintiff’s motion and REMANDS this action to Superior Court of California for the County of Alameda. The Clerk is directed to close the case. 26 27 IT IS SO ORDERED. 28 2 1 Dated: December 10, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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