BankUnited v. Carranza
Filing
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ORDER by Judge Lucy H. Koh granting 4 Motion to Remand (Attachments: # 1 Certificate of Mailing) (lhklc2, COURT STAFF) (Filed on 11/23/2011)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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BANKUNITED,
Plaintiff,
v.
IRMA CARRANZA, AND DOES 1-10,
INCLUSIVE
Defendants.
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Case No.: 11-CV-03728-LHK
ORDER REMANDING UNLAWFUL
DETAINER ACTION TO SANTA
CLARA COUNTY SUPERIOR COURT
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Irma Carranza (“Defendant”) has filed a notice of removal of her Santa Clara County
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Superior Court unlawful detainer action (in which she is a Defendant) to this Court. See ECF No.
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1. BankUnited has moved to remand the case to state court claiming that this Court lacks subject
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matter jurisdiction. ECF Nos. 4 & 11. Pursuant to Civil Local Rule 7-1(b), the Court finds
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thatDefendants’ motion is suitable for decision without oral argument. Accordingly, the motion
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hearing set for December 1, 2011 is VACATED.
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In the case of a removed action, if it appears at any time before final judgment that the court
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lacks subject matter jurisdiction, the court must remand the action to state court. 28 U.S.C.
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§ 1447(c). The removing defendant bears the burden of establishing that removal is proper. See
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Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087 (9th Cir. 2009).
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Federal courts have original jurisdiction over civil actions “arising under the Constitution, laws, or
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Case No.: 11-CV-03728-LHK
ORDER REMANDING UNLAWFUL DETAINER ACTION
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treaties of the United States.”1 28 U.S.C. § 1331. A claim “arises under” federal law, if based on
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the “well-pleaded complaint,” the plaintiff alleges a federal claim for relief. Vaden v. Discovery
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Bank, 129 S.Ct. 1262, 1271 (2009).
A review of the original complaint filed in state court discloses no federal statutory or
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constitutional question. An unlawful detainer cause of action such as the one asserted here does
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not raise a federal question. See Litton Loan Servicing, L.P. v. Villegas, 2011 U.S. Dist. LEXIS
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8018, 2011 WL 204322, at * 2 (N.D. Cal. Jan. 21, 2011) (citing Evans v. Superior Court, 67 Cal.
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App. 3d 162, 168, 136 Cal. Rptr. 596 (1977) (remanding unlawful detainer action to state court
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based on lack of federal question jurisdiction); Partners v. Gonzalez, 2010 U.S. Dist. LEXIS
United States District Court
For the Northern District of California
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95714, at * 2-3 (N.D. Cal. Aug. 30, 2010) (same). Moreover, it is well-settled that a case may not
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be removed to federal court on the basis of a federal defense. See Franchise Tax Bd. v.
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Construction Laborers Vacation Trust, 463 U.S. 1, 10 (1983). Thus, to the extent Ms. Carranza’s
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defenses or counterclaims to the unlawful detainer action are based on alleged violations of federal
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law, those allegations do not provide a basis for federal jurisdiction.
Accordingly, the unlawful detainer action is REMANDED to Santa Clara County Superior
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Court.
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IT IS SO ORDERED.
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Dated: November 23, 2011
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_________________________________
LUCY H. KOH
United States District Judge
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Nor has diversity jurisdiction been established. For one, Plaintiffs’ original complaint demands
$10,000, less than the amount-in-controversy requirement. Moreover, it appears as though Ms.
Carranza is a citizen of California, the state in which the original action was brought, and thus
removal is not proper. 28 U.S.C. § 1441(b).
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Case No.: 11-CV-03728-LHK
ORDER REMANDING UNLAWFUL DETAINER ACTION
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