Essex Emeryville Owner, L.P. v. Scott

Filing 4

ORDER TO SHOW CAUSE. Signed by Judge Alsup on 1/19/17. (whalc1, COURT STAFF) (Filed on 1/19/2017) (Additional attachment(s) added on 1/19/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ESSEX EMERYVILLE OWNER, L.P.,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 17-00121 WHA

v.
MELINDA SCOTT,

ORDER TO SHOW CAUSE

Defendant.
/
The complaint in this action asserts only one cause of action, namely, unlawful detainer

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under California law. Defendant Melinda Scott removed the action from Alameda County

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Superior Court, apparently contending that the Protecting Tenants at Foreclosure Act of 2009

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completely preempts state law on this matter. The PTFA expired on December 31, 2014, before

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Scott rented the property at issue. Pub. L. No. 111-203, 124 Stat. 1376, 2204 (2010).

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Additionally, although our court of appeals has not addressed the issue, every district court in

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our circuit to address the question has held that the PTFA does not raise a federal question

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giving rise to federal subject-matter jurisdiction. E.g., Borquist v. Nino, No. 17-00068-HRL,

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2017 WL 75743, at *2 (N.D. Cal. Jan. 9, 2017) (Judge Howard R. Lloyd); Marke at S. Coast

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Metro, LLC v. Lee, No. 16-02107-AG, 2016 WL 7017227, at *2 (C.D. Cal. Dec. 1, 2016)

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(Judge Andrew J. Guilford); Thawani v. Robertson, No. 16-03732-JCS, 2016 WL 4472986, at

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*2 (N.D. Cal. July 18, 2016) (Judge Joseph C. Spero, report and recommendation adopted, No.

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16-03732-WHA, 2016 WL 4436308 (N.D. Cal. Aug. 23, 2016); Edwards v. Clark, No. 1600147-TLN-EFB, 2016 WL 690920, at *2 (E.D. Cal. Jan. 26, 2016) (Judge Troy L. Nunley).

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By FEBRUARY 9 AT NOON, defendant Melinda Scott shall SHOW CAUSE, in writing,
why the case should not be remanded for lack of subject-matter jurisdiction.

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IT IS SO ORDERED.

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Dated: January 19, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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