Kermani v. Amesa

Filing 4

ORDER REMANDING CASE. Signed by Judge Charles R. Breyer on 3/4/2014. (crblc2, COURT STAFF) (Filed on 3/4/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 14-00890 CRB MASOUD KERMANI, ORDER Plaintiff, v. BRIAN AMESA, Defendant. / 16 17 Defendant Brian Amesa, proceeding pro se, removed this case from state court on 18 February 27, 2014. See dkt. 1. Because this case does not involve any federal claims, the 19 Court REMANDS it to state court. 20 Pursuant to 28 U.S.C. § 1441(a), “any civil action brought in a State court of which 21 the district courts of the United States have original jurisdiction, may be removed by the 22 defendant or the defendants, to the district court of the United States for the district and 23 division embracing the place where such action is pending.” Under 28 U.S.C. § 1331, a 24 district court has original jurisdiction over “all civil actions arising under the Constitution, 25 laws, or treaties of the United States.” The burden of establishing that federal jurisdiction 26 exists is on the party seeking removal, and courts strictly construe the removal statute against 27 removal jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566-67 (9th Cir. 1992) (internal 28 citations omitted). Accordingly, “federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.” Id. at 566. Further, a district court must remand 1 the case to state court if it appears at any time before final judgment that the district court 2 lacks subject matter jurisdiction. 28 U.S.C. § 1447(c). 3 Defendant asserts that the Court has federal question jurisdiction because of various 4 defenses under federal law that Defendant seeks to assert. See dkt. 1 at 2-3. But Defendant’s 5 anticipated federal defense does not give this Court jurisdiction. See Alton Box Bd. Co. v. 6 Esprit de Corp., 682 F.2d 1267, 1274 (9th Cir. 1982) (“That anticipated federal defenses do 7 not suffice to establish federal question jurisdiction is a principle too well-established in this 8 circuit to merit discussion.”). Federal question jurisdiction exists only when a federal 9 question exists on the face of a well-pleaded complaint. See Wayne v. DHL Worldwide United States District Court For the Northern District of California 10 Express, 294 F.3d 1179, 1183 (9th Cir. 2002). The state court complaint here involves only a 11 claim of unlawful detainer. See dkt. 1 Ex. A (“Complaint for Unlawful Detainer”). 12 Therefore, no federal question is presented. See Wells Fargo Bank v. Lapeen, No. 11-01932, 13 2011 WL 2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, No. 10- 14 8203, 2010 WL 4916578, at *2 (C.D. Cal. Nov. 22, 2010). Moreover, because Defendant 15 appears to be what is known as a local defendant (residing in the State in which this action 16 has been brought), there is also no diversity jurisdiction. See 28 U.S.C. § 1441(b)(2). 17 18 19 Accordingly, the Case is REMANDED to the Superior Court of the State of California, County of Marin. IT IS SO ORDERED. 20 21 22 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: March 4, 2014 23 24 25 26 27 28 2

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