The Bank of New York Mellon v. Tarin et al

Filing 4

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 10/23/2014 10:00 AM. Show Cause Response due by 10/8/2014. Signed by Judge Maria-Elena James on 9/24/2014. (cdnS, COURT STAFF) (Filed on 9/24/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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THE BANK OF NEW YORK MELLON,
Plaintiff,
v.

Case No. 14-cv-04259-MEJ
ORDER TO SHOW CAUSE

JAMIE R. TARIN, et al.,
Defendants.

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On September 22, 2014, Defendants Jamie and Joe Tarin removed this unlawful detainer

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action from Contra Costa County Superior Court. However, an unlawful detainer action does not

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arise under federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen,

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2011 WL 2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL

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4916578, at *2 (C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case

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should be remanded to state court. Accordingly, the Court ORDERS Defendants to show cause

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why this case should not be remanded to the Contra Costa County Superior Court. Defendants

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shall file a declaration by October 8, 2014, and the Court shall conduct a hearing on October 23,

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2014 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco,

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California. In the declaration, Defendants must address how this Court has jurisdiction over

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Plaintiff’s unlawful detainer claim.

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Defendants should be mindful that an anticipated federal defense or counterclaim is not

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sufficient to confer jurisdiction. Franchise Tax Bd. of Cal. v. Constr. Laborers Vacation Trust,

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463 U.S. 1, 10 (1983); Berg v. Leason, 32 F.3d 422, 426 (9th Cir. 1994). “A case may not be

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removed to federal court on the basis of a federal defense, . . . even if the defense is anticipated in

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the plaintiff’s complaint, and even if both parties admit that the defense is the only question truly

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at issue in the case.” ARCO Envtl. Remediation, LLC v. Dep’t of Health and Envtl. Quality of the

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State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000); see also Valles v. Ivy Hill Corp., 410 F.3d

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1071, 1075 (9th Cir. 2005) (“A federal law defense to a state-law claim does not confer

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jurisdiction on a federal court, even if the defense is that of federal preemption and is anticipated

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in the plaintiff's complaint.”). Thus, any anticipated defense, such as a claim under the Protecting

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Tenants at Foreclosure Act (“PTFA”), Pub.L. No. 111–22, § 702, 123 Stat. 1632 (2009), is not a

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valid ground for removal. See e.g. Aurora Loan Serv., LLC v. Montoya, 2011 WL 5508926, at *4

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(E.D. Cal. Nov. 9, 2011); SD Coastline LP v. Buck, 2010 WL 4809661, at *2–3 (S.D. Cal. Nov.19,

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2010); Wescom Credit Union v. Dudley, 2010 WL 4916578, at 2–3 (C.D. Cal. Nov. 22, 2010);

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United States District Court
Northern District of California

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Aurora Loan Serv., LLC v. Martinez, 2010 WL 1266887, at * 1 (N.D. Cal. March 29, 2010).
IT IS SO ORDERED.

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Dated: September 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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United States District Court
Northern District of California

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THE BANK OF NEW YORK MELLON,

Case No. 14-cv-04259-MEJ

Plaintiff,
v.

CERTIFICATE OF SERVICE

JAMIE R. TARIN, et al.,
Defendants.
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 9/24/2014, 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.
Jamie R. Tarin
Joe T. Tarin
612 Rodeo Avenue
Rodeo, CA 94572

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Dated: 9/24/2014
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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