Duke Partners II, LLC v. Casillas et al

Filing 20

ORDER GRANTING MOTION TO REMAND REMOVED ACTION by Judge William Alsup [granting 6 Motion to Remand]. (whasec, COURT STAFF) (Filed on 5/11/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DUKE PARTNERS II, LLC,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 17-00936 WHA

v.
ARNOLDO G. CASILLAS and
IRMA V. JASSO,

ORDER GRANTING MOTION TO
REMAND REMOVED ACTION

Defendants.
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In October 2016 plaintiff Duke Partners II, LLC, purchased the subject property located

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in Alameda County at a foreclosure sale pursuant to California Civil Code Section 2924 (Dkt.

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No. 1 at 2). On November 7, 2016, plaintiff served a notice to quit on pro se defendants

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Arnoldo Casillas and Irma Jasso, informing them that the property was sold and requiring them

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to vacate the property within three days, which defendants failed to do (ibid.). Plaintiff then

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filed an action for an unlawful detainer pursuant to California Civil Code Section 1161(a) in the

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Alameda County Superior Court (id. at 8).

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In February 2017, defendants removed the action from Alameda County Superior Court

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to federal court (id. at 1–3). Defendants removed the action on the ground that plaintiff’s claim

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under California Civil Code Section 1161(a)(3) presented a federal question (Dkt. No. 1 at 1–3).

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In March 2017, plaintiff moved to remand, citing a lack of any federal question (Dkt. No. 6).

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After defendants failed to respond to plaintiff’s motion to remand, an order to show cause

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directed defendants to explain in writing why plaintiff’s motion to remand should not be

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granted (Dkt. No. 14). In defendants’ reply to the order to show cause, defendants opposed

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plaintiff’s motion to remand on the sole ground that the instant action involved a federal

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question (Dkt. No. 16). A hearing on the motion to remand was held on May 11, 2017.

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Defendants did not appear.

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This order holds that defendants’ removal of this action was improper because no

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federal subject-matter jurisdiction ever existed. A defendant may remove a civil action from

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state court to federal court if original jurisdiction would have existed at the time the complaint

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was filed. 28 U.S.C. 1141(a). The strong presumption against removal jurisdiction means that
the defendant bears the burden of establishing proper removal. Here, defendants assert, and

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For the Northern District of California

United States District Court

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thus have the burden of showing, that the action arises under federal law pursuant to Title 28

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of the United States Code Section 1331. “Federal jurisdiction must be rejected if there is any

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doubt as to the right of removal in the first instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566

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(9th Cir. 1992).

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Federal question jurisdiction under Section 1331 exists in “cases in which a

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well-pleaded complaint establishes either that federal law creates the cause of action or that

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the plaintiff’s right to relief necessarily depends on resolution of a substantial question of

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federal law.” Franchise Tax Bd. Of State of Cal. v. Constr. Laborers Vacation Trust for S. Cal.,

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463 U.S. 1, 27–29 (1983). Our court of appeals has stated that:

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removability under § 1446(b) is determined through examination
of the four corners of the applicable pleadings, not through
subjective knowledge or a duty to make further inquiry. Thus, the
first thirty-day requirement is triggered by defendant’s receipt of
an initial pleading that reveals a basis for removal. If no ground
for removal is evident in that pleading, the case is not removable
at that stage.

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Harris v. Bankers Life & Cas. Co., 425 F.3d 689, 694 (9th Cir. 2005). Here, the complaint

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refers only to California Code of Civil Procedure Section 1161(a) for an unlawful detainer

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action. An unlawful detainer action arises purely under state law and therefore cannot provide

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grounds for removal. See Wasniowski v. Davila, No. C 16-03251 WHA, 2016 WL 3709556, at

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*2 (N.D. Cal. July, 13, 2016) (Judge William Alsup). Federal law therefore does not create

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plaintiff’s unlawful detainer cause of action, nor does plaintiff’s right to the relief it requests

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“necessarily depend on resolution of a substantial question of federal law.” Franchise Tax Bd.,

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463 U.S. at 27–28.

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Defendants contend that a federal question exists as to whether defendants’ due process

challenge to [the] validity of the foreclosure [on their property]” (Dkt. No. 16 at 3). The

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decisions cited, however, merely defined due process as requiring that a defendant be given

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notice of claims brought against him and the opportunity to defend himself against said claims

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(Dkt. No. 1 at 2– 3 (citing American Surety Co. v. Baldwin, 287 U.S. 156, 168 (1932); Nickey v.

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Mississippi, 292 U.S. 393, 396 (1934); McCarthy v. Darman, 372 Fd. App’x 346, 350 (3rd Cir.

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For the Northern District of California

rights were violated “because [Section 1161(a)] prohibits [defendants] from bringing forth a

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United States District Court

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2010)). An affirmative defense or counterclaim based on an alleged constitutional due process

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violation would not confer federal question jurisdiction. See Holmes Group, Inc. v. Vornado Air

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Circulation Sys., Inc., 535 U.S. 826, 830–31 (2002) (holding whether a case arises under federal

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law does not depend upon matters raised in the answer or in counterclaims). For the foregoing

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reasons, plaintiff’s motion to remand to the Alameda County Superior Court is GRANTED.

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IT IS SO ORDERED.

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Dated: May 11, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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