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)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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BEN ANTONIO, JERRY PARKER,
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Plaintiffs,
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v.
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GRACE WAKAYAMA, et al,
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Defendants.
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__________________________________ )

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

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from Santa Clara County Superior Court. Plaintiffs Ben Antonio and Jerry Parker (“Plaintiffs”)

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brought an unlawful detainer action against Defendants in state court, and Defendants removed the

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case to federal court on the basis of presenting a defense or claims under The Protecting Tenants at

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Foreclosure Act, 12 U.S.C. § 5220. The parties have consented to magistrate jurisdiction.1

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Federal courts are limited in their jurisdiction to either (1) diversity cases where citizens of

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two different states have a dispute involving an amount in controversy that exceeds $75,000 or (2)

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federal questions where the cause of action - not the defense - “arises under” federal law.2 This case

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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

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is neither between diverse parties nor does the cause of action - the unlawful detainer claim - arise

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under federal law. The court also notes that the Protecting Tenants at Foreclosure Act does not

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provide a cause of action for tenants.3 This court, therefore, lacks subject matter jurisdiction to hear

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the case.

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Accordingly, the court hereby ORDERS that this case be remanded to Santa Clara County
Superior Court.

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Dated: March 6, 2013

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PAUL S. GREWAL
United States Magistrate Judge

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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