U.S. Bank National Association v. Wilson
Filing
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ORDER ADOPTING 15 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE LLOYD AND REMANDING ACTION TO THE SAN BENITO COUNTY SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 10/18/2016. (blflc2S, COURT STAFF) (Filed on 10/18/2016) (Additional attachment(s) added on 10/18/2016: # 1 Certificate/Proof of Service) (tshS, COURT STAFF).
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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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U. S. BANK NATIONAL ASSOCIATION
AS TRUSTEE RELATING TO CHEVY
CHASE FUNDING LLC MORTGAGE,
Plaintiff,
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v.
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JEFFREY-MERRITT: WILSON,
Case No. 16-cv-05503-BLF
ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE LLOYD AND
REMANDING ACTION TO THE SAN
BENITO COUNTY SUPERIOR COURT
[Re: ECF 15, 20]
United States District Court
Northern District of California
Defendant.
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On October 17, 2016, Defendant Jeffrey-Merritt: Wilson filed an objection to the Report
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and Recommendation (“R&R”) of Magistrate Judge Howard R. Lloyd remanding this forcible
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entry and forcible detainer action. See ECF 15, 20. The Court has reviewed and thoroughly
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considered Judge Lloyd’s R&R and the arguments in Wilson’s objection. Finding the R&R
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correct, well reasoned, and thorough, the Court adopts it in every respect.
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Defendant, as the party seeking removal, bears the burden of demonstrating subject matter
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jurisdiction. In his objection to Judge Lloyd’s R&R, Wilson raises several objections based on
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affirmative defenses or counterclaims that he may allege under federal law, including claims under
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42 U.S.C. §1983, claims pursuant to the Treaty of Guadalupe Hidalgo, and a claim that Plaintiffs
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violated the automatic stay in federal bankruptcy cases. ECF 20, at 6, 25–26. However, “[f]ederal
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jurisdiction cannot be predicated on an actual or anticipated defense . . . [n]or can federal
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jurisdiction rest upon an actual or anticipated counterclaim.” Vaden v. Discover Bank, 556 U.S.
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49, 60 (2009) (internal citations omitted). Wilson also claims that the action involves a federal
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question because the action arises out of a federal land patent. ECF 20, at 12. “Federal land
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patents . . . [however,] do not provide [a basis] for federal question jurisdiction.” Virgin v. Cty. Of
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San Luis Obispo, 201 F.3d 1141, 1143 (9th Cir. 2000) (citing Shulthis v. McDougal, 225 U.S. 561,
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569–70 (1912)). Wilson further claims that this Court has diversity jurisdiction because the
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“property has a value . . . well over $1,000,000.00.” ECF 20, at 24. However, as Judge Lloyd
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stated, “forcible entry and forcible detainer actions do not involve the right to title to the property.
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So, the fact that the subject property may be worth more than $75,000 is irrelevant.” ECF 15, at 2
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(citations omitted). Thus, this Court does not have subject matter jurisdiction over this action.
Accordingly, the above-titled forcible entry and forcible detainer action is REMANDED to
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the San Benito County Superior Court.1
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IT IS SO ORDERED.
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Dated: October 18, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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The Court notes that Wilson also requested the Court to join this action to Wilson v. Tobias, No.
16-cv-5419-DMR (N.D. Cal. filed Sept. 22, 2016). ECF 20, at 29. The Court construes this
request as an improper motion to relate the cases pursuant to Civil L.R. 3-12. Pursuant to Civil
L.R. 3-12(b), a party seeking to relate an action “must promptly file in the lowest-numbered case
an Administrative Motion to Consider Whether Cases Should be Related.” Regardless, Wilson’s
request is moot given this order remanding the action to state court.
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