Hyriten LLC v. Fine

Filing 6

ORDER REASSIGNING CASE to a district judge. REPORT AND RECOMMENDATIONS to remand case 1 to state court. ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by Tevita Takulua Fine, Tevita Fine. Objections due by 12/15/2017. Signed by Judge Kandis A. Westmore on 11/28/2017. (kawlc1, COURT STAFF) (Filed on 11/28/2017) (Additional attachment(s) added on 11/28/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HYRITEN LLC,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 4:17-cv-06573-KAW
ORDER REASSIGNING CASE TO A
DISTRICT JUDGE; REPORT AND
RECOMMENDATION TO REMAND
TO STATE COURT; ORDER
GRANTING IN FORMA PAUPERIS
APPLICATION

v.
TEVITA FINE,
Defendant.

Re: Dkt. Nos. 1, 2

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On November 14, 2017, Defendant Tevita Fine removed this unlawful detainer action from

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Alameda County Superior Court, and applied to proceed in forma pauperis. (Not. of Removal,

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Dkt. No. 1; IFP Appl., Dkt. No. 2.)

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As removal is clearly improper, and the parties have not consented to the undersigned, for

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the reasons set forth below, the Court reassigns this case to a district judge and recommends that

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the case be remanded to state court. Additionally, the Court GRANTS Defendant’s application to

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proceed in forma pauperis.

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I.

BACKGROUND

Plaintiff Hyriten LLC commenced this unlawful detainer action against Defendant in

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Alameda County Superior Court on or around October 4, 2017. (Compl., Not. of Removal, Ex.

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A.) The complaint contains a single cause of action for unlawful detainer. Id. The case is a

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“limited civil case,” in which Plaintiff seeks immediate possession of a certain property located in

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Oakland, California, which Defendant occupies. (Compl. ¶¶ 2, 4-7.)

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On September 28, 2017, Plaintiff allegedly served a written notice on Defendant to pay

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rent or quit within three days. (Compl. ¶ 7.) On October 4, 2017, Plaintiff filed the instant

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unlawful detainer suit in state court, and summons was issued. (Compl. ¶ 7.) On October 16,

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2017, Defendant filed a demurrer. (Dkt. No. 1 at 9.) On November 14, 2017, Defendant removed

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the action to federal court on the grounds that it presents a federal question. (Not. of Removal at

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2.)

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II.

LEGAL STANDARD

Federal courts exercise limited jurisdiction. A “federal court is presumed to lack

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jurisdiction in a particular case unless the contrary affirmatively appears.” Stock W., Inc. v.

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Confederated Tribes, 873 F.2d 1221, 1225 (9th Cir. 1989) (citation omitted). A defendant may

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remove a civil action from state court to federal court if original jurisdiction would have existed at

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the time the complaint was filed. See 28 U.S.C. § 1441(a). “[R]emoval statutes are strictly
construed against removal.” Luther v. Countrywide Homes Loans Servicing, LP, 533 F.3d 1031,

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United States District Court
Northern District of California

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1034 (9th Cir. 2008). “Federal jurisdiction must be rejected if there is any doubt as to the right of

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removal in the first instance,” such that courts must resolve all doubts as to removability in favor

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of remand. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). The burden of establishing that

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federal jurisdiction exists is on the party seeking removal. See id. at 566-67.

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Federal district courts have original jurisdiction over actions that present a federal question

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or those based on diversity jurisdiction. See Wayne v. DHL Worldwide Express, 294 F.3d 1179,

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1183 & n.2 (9th Cir. 2002). Federal district courts have federal question jurisdiction over "all civil

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actions arising under the Constitution, laws or treaties of the United States." 28 U.S.C. § 1331.

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Federal question jurisdiction is governed by the well-pleaded complaint rule, which provides that

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the basis for federal jurisdiction must appear on the face of the properly pleaded complaint, either

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because the complaint directly raises an issue of federal law or because the plaintiff's "right to

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relief under state law requires resolution of a substantial question of federal law in dispute

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between the parties." Franchise Tax Bd. of Cal. v. Constr. Laborers Vacation Trust for S. Cal.,

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463 U.S. 1, 13 (1983). "[A] case may not be removed to federal court on the basis of a federal

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defense . . . , even if the defense is anticipated in the plaintiff's complaint . . . ." Caterpillar Inc. v.

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Williams, 482 U.S. 386, 393 (1987) (citation omitted).

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III.

DISCUSSION

Defendant removed this unlawful detainer action from state court on the grounds that the
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district court has jurisdiction because the case presents a federal question.

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A.

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Defendant claims that a federal question exists because Plaintiff allegedly served a

Federal Question Jurisdiction

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defective three day notice to pay rent or quit, and she contends that the demurrer filed in state

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court depends on a “determination of Defendant’s rights and Plaintiff’s duties under federal law.”

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(Not. of Removal ¶¶ 8, 10.) Defendant’s rights in an unlawful detainer action, however, depend

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on the interpretation of state law. Further, Defendant has not shown why the resolution of

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Plaintiff’s unlawful detainer claim will turn on a substantial question of federal law. The

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complaint, therefore, fails to present a federal question or a substantial question of federal law.

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Moreover, the well-pleaded complaint rule prevents the Court from considering any

United States District Court
Northern District of California

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additional claims, such that a defendant cannot create federal question jurisdiction by adding

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claims or defenses to a notice of removal. See Provincal Gov't of Marinduque v. Placer Dome,

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Inc., 582 F.3d 1083, 1086 (9th Cir. 2009); see also McAtee v. Capital One, F.S.B., 479 F.3d 1143,

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1145 (9th Cir. 2007) (even previously asserted counterclaims raising federal issue will not permit

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removal). Accordingly, Defendant’s claim that service of the three day notice was defective does

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not establish federal question jurisdiction in this matter. Thus, Defendant’s contention that there

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are federal questions at issue in this litigation is misplaced.

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Lastly, the limited scope of unlawful detainer proceedings precludes cross-complaints or

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counterclaims. See Knowles v. Robinson, 60 Cal. 2d 620, 626-27 (1963). Thus, to the extent that

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Defendants’ assertions could be contained in any such filing, they would, nonetheless, fail to

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introduce a basis for federal question jurisdiction.

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B.

Diversity Jurisdiction

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District courts also have original jurisdiction over all civil actions “where the matter in

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controversy exceeds the sum or value of $75,000, exclusive of interests and costs, and is between .

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. . citizens of different States.” 28 U.S.C. § 1332(a). When federal subject-matter jurisdiction is

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predicated on diversity of citizenship, complete diversity must exist between the opposing parties.

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Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373-74 (1978). Under the forum defendant

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rule, “a civil action otherwise removable solely on the basis of [diversity jurisdiction] may not be
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removed if any of the parties in interest properly joined and served as defendants is a citizen of the

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State in which such action is brought.” 28 U.S.C. § 1441(b). Here, Plaintiff’s citizenship is

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unknown, and Defendant is a citizen of California. Thus, the forum defendant rule applies, and

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the action is not removable on the basis of diversity jurisdiction. See 28 U.S.C. § 1441(b).
IV.

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CONCLUSION

For the reasons set forth above, the Court REASSIGNS this action to a district judge with

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the recommendation that the action be REMANDED to state court for further proceedings. The

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Court GRANTS Defendant’s request to proceed in forma pauperis.

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Any party may file objections to this report and recommendation with the district judge
within 14 days of being served with a copy. See 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b); N.D.

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United States District Court
Northern District of California

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Civil L.R. 72-3. The parties are advised that failure to file objections within the specified time

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may waive the right to appeal the district court’s order. IBEW Local 595 Trust Funds v. ACS

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Controls Corp., No. C-10-5568, 2011 WL 1496056, at *3 (N.D. Cal. Apr. 20, 2011).

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IT IS SO RECOMMENDED.
Dated: November 28, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge

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