The Bank of New York Mellon v. Bellot
Filing
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Please disregard - filed in error. (Plaintiff filed request for reassignment to district judge before OSC issued. Notice of OSC has not been served on Defendant.)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THE BANK OF NEW YORK MELLON,
Case No. 14-cv-02671-MEJ
Plaintiff,
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v.
ORDER TO SHOW CAUSE
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LUMACK BELLOT,
Defendant.
United States District Court
Northern District of California
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On June 10, 2014, Defendant Lumack Bellot removed this unlawful detainer action from
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Alameda County Superior Court. However, an unlawful detainer action does not arise under
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federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL
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2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at
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*2 (C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be
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remanded to state court. Accordingly, the Court ORDERS Defendant to show cause why this case
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should not be remanded to the Alameda County Superior Court. Defendant shall file a declaration
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by July 10, 2014, and the Court shall conduct a hearing on July 24, 2014 at 10:00 a.m. in
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Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. In the declaration,
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Defendant must address how this 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
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sufficient to confer jurisdiction. Franchise Tax Bd. of California v. Construction Laborers
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Vacation Trust, 463 U.S. 1, 10 (1983); Berg v. Leason, 32 F.3d 422, 426 (9th Cir. 1994). “A case
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may not be removed to federal court on the basis of a federal defense, . . . even if the defense is
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anticipated in the plaintiff’s complaint, and even if both parties admit that the defense is the only
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question truly at issue in the case.” ARCO Environmental Remediation, LLC v. Dept. of Health
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and Environmental Quality of the State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000); see also
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Valles v. Ivy Hill Corp., 410 F.3d 1071, 1075 (9th Cir. 2005) (“A federal law defense to a state-
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law claim does not confer jurisdiction on a federal court, even if the defense is that of federal
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preemption and is anticipated in the plaintiff's complaint.”). Thus, any anticipated defense, such
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as a claim under the Protecting Tenants at Foreclosure Act (“PTFA”), Pub.L. No. 111–22, § 702,
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123 Stat. 1632 (2009), is not a valid ground for removal. See e.g. Aurora Loan Services, LLC v.
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Montoya, 2011 WL 5508926, at *4 (E.D. Cal. Nov. 9, 2011); SD Coastline LP v. Buck, 2010 WL
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4809661, at *2–3 (S.D. Cal. Nov.19, 2010); Wescom Credit Union v. Dudley, 2010 WL 4916578,
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at 2–3 (C.D. Cal. Nov. 22, 2010); Aurora Loan Services, LLC v. Martinez, 2010 WL 1266887, at *
1 (N.D. Cal. March 29, 2010).
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United States District Court
Northern District of California
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IT IS SO ORDERED.
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Dated: Jun 24, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THE BANK OF NEW YORK MELLON,
Case No. 14-cv-02671-MEJ
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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LUMACK BELLOT,
Defendant.
United States District Court
Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 6/24/2014, 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 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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Lumack Bellot
8025 Ney Avenue, Middle Unit
Oakland, CA 94605
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Dated: 6/24/2014
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Richard W. Wieking
Clerk, United States District Court
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By:________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES
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