Wells Fargo Bank, NA v. Pulido et al

Filing 6

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 11/6/2014 10:00 AM. Show Cause Response due by 10/23/2014.. Signed by Judge Maria-Elena James on 10/10/2014. (cdnS, COURT STAFF) (Filed on 10/10/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WELLS FARGO BANK, NA, Case No. 14-cv-04471-MEJ Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 MARIA PULIDO, et al., Defendants. United States District Court Northern District of California 11 12 13 On October 6, 2014, Defendant Maria Pulido removed this unlawful detainer action from 14 San Mateo County Superior Court. However, an unlawful detainer action does not arise under 15 federal law but is purely a creature of California law. Wells Fargo Bank v. Lapeen, 2011 WL 16 2194117, at *3 (N.D. Cal. June 6, 2011); Wescom Credit Union v. Dudley, 2010 WL 4916578, at 17 *2 (C.D. Cal. Nov. 22, 2010). Thus, it appears that jurisdiction is lacking and the case should be 18 remanded to state court. Accordingly, the Court ORDERS Defendant to show cause why this case 19 should not be remanded to the San Mateo County Superior Court. Defendant shall file a 20 declaration by October 23, 2014, and the Court shall conduct a hearing on November 6, 2014 at 21 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. In 22 the declaration, Defendant must address how this Court has jurisdiction over Plaintiff’s unlawful 23 detainer claim. 24 Defendant should be mindful that an anticipated federal defense or counterclaim is not 25 sufficient to confer jurisdiction. Franchise Tax Bd. of Cal. v. Constr. Laborers Vacation Trust, 26 463 U.S. 1, 10 (1983); Berg v. Leason, 32 F.3d 422, 426 (9th Cir. 1994). “A case may not be 27 removed to federal court on the basis of a federal defense, . . . even if the defense is anticipated in 28 the plaintiff’s complaint, and even if both parties admit that the defense is the only question truly 1 at issue in the case.” ARCO Envtl. Remediation, LLC v. Dep’t of Health and Envtl. Quality of the 2 State of Montana, 213 F.3d 1108, 1113 (9th Cir. 2000); see also Valles v. Ivy Hill Corp., 410 F.3d 3 1071, 1075 (9th Cir. 2005) (“A federal law defense to a state-law claim does not confer 4 jurisdiction on a federal court, even if the defense is that of federal preemption and is anticipated 5 in the plaintiff's complaint.”). Thus, any anticipated defense, such as a claim under the Protecting 6 Tenants at Foreclosure Act (“PTFA”), Pub.L. No. 111–22, § 702, 123 Stat. 1632 (2009), is not a 7 valid ground for removal. See e.g. Aurora Loan Serv., LLC v. Montoya, 2011 WL 5508926, at *4 8 (E.D. Cal. Nov. 9, 2011); SD Coastline LP v. Buck, 2010 WL 4809661, at *2–3 (S.D. Cal. Nov.19, 9 2010); Wescom Credit Union v. Dudley, 2010 WL 4916578, at 2–3 (C.D. Cal. Nov. 22, 2010); 10 United States District Court Northern District of California 11 Aurora Loan Serv., LLC v. Martinez, 2010 WL 1266887, at * 1 (N.D. Cal. March 29, 2010). IT IS SO ORDERED. 12 13 14 15 Dated: October 10, 2014 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WELLS FARGO BANK, NA, Case No. 14-cv-04471-MEJ Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 MARIA PULIDO, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 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 10/10/2014, 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. 16 17 18 Maria Pulido 823 Shepard Way Redwood City, CA 94062 19 20 Dated: 10/10/2014 21 22 23 Richard W. Wieking Clerk, United States District Court 24 25 26 By:________________________ Chris Nathan, Deputy Clerk to the Honorable MARIA-ELENA JAMES 27 28 3

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