Antonio et al v. Wakayama et al
Filing
9
ORDER REMANDING CASE. Signed by Judge Paul S. Grewal on March 6, 2013. (psglc2, COURT STAFF) (Filed on 3/6/2013)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
12
BEN ANTONIO, JERRY PARKER,
13
14
15
16
17
18
)
)
Plaintiffs,
)
)
v.
)
)
GRACE WAKAYAMA, et al,
)
)
Defendants.
)
__________________________________ )
Case No.: CV 13-0377 PSG
ORDER REMANDING CASE TO
STATE COURT
On January 28, 2013, Defendants Grace Wakayama, et al, (“Defendants”) removed this case
19
from Santa Clara County Superior Court. Plaintiffs Ben Antonio and Jerry Parker (“Plaintiffs”)
20
brought an unlawful detainer action against Defendants in state court, and Defendants removed the
21
case to federal court on the basis of presenting a defense or claims under The Protecting Tenants at
22
Foreclosure Act, 12 U.S.C. § 5220. The parties have consented to magistrate jurisdiction.1
23
Federal courts are limited in their jurisdiction to either (1) diversity cases where citizens of
24
two different states have a dispute involving an amount in controversy that exceeds $75,000 or (2)
25
federal questions where the cause of action - not the defense - “arises under” federal law.2 This case
26
27
1
28
2
See Docket Nos. 5, 8; see also 28 U.S.C. § 636.
See 28 U.S.C. § 1331; Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 154 (1908).
ORDER, page 1
1
is neither between diverse parties nor does the cause of action - the unlawful detainer claim - arise
2
under federal law. The court also notes that the Protecting Tenants at Foreclosure Act does not
3
provide a cause of action for tenants.3 This court, therefore, lacks subject matter jurisdiction to hear
4
the case.
5
6
Accordingly, the court hereby ORDERS that this case be remanded to Santa Clara County
Superior Court.
7
8
Dated: March 6, 2013
9
PAUL S. GREWAL
United States Magistrate Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
See Nativi v. Deutsche Bank National Trust Co., Case No. 09-6096 PVT, 2010 WL 2179885
(N.D. Cal. May 26, 2010).
ORDER, page 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?