J.P. Morgan Chase Bank, Inc. v. Murray

Filing 5

ORDER Remanding Case. The Court Remands this action to the Superior Court of California, County of San Diego. Signed by Judge Barry Ted Moskowitz on 12/8/11.(All non-registered users served via U.S. Mail Service/ CC Superior Court of California, 330 W Broadway, San Diego, CA)(ecs)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 J.P. MORGAN CHASE BANK, INC., Case No. 11cv2719 BTM(NLS) Plaintiff, 12 ORDER REMANDING CASE v. 13 14 EDWARD MURRAY, III, Defendant. 15 16 On November 17, 2011, Edward Murray filed a Complaint in this Court in addition to 17 a Notice of Removal. The Notice of Removal pertains to an unlawful detainer action that was 18 filed in state court. 19 However, the Court lacks removal jurisdiction over this action. This unlawful detainer 20 action arises under state law and does not require resolution of a substantial question of 21 federal law. See U.S. Bank Nat’l Ass’n v. Lasoff, 2010 WL 669239 (C.D. Cal. Feb. 23, 2010) 22 (holding that unlawful detainer action did not raise a federal question); HSBC Bank USA, NA 23 v. Valencia, 2010 WL 546721 (E.D. Cal. Feb. 10, 2010) (remanding unlawful detainer action); 24 Wells Fargo Bank, Nat’l Ass’n v. Cencil, 2010 WL 2179778 (N.D. Cal. May 27, 2010) 25 (granting motion to remand unlawful detainer action). Any federal defenses or counterclaims 26 Defendant may wish to bring do not give rise to federal question jurisdiction. Franchise Tax 27 Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 14 (1983) (explaining that a case may 28 not be removed to federal court on the basis of a federal defense). 1 11cv2719 BTM(NLS) 1 The removing defendant always has the burden of establishing that removal is proper, 2 and the court resolves all ambiguity in favor of remand to state court. Gaus v. Miles, Inc., 3 980 F.2d 564, 566 (9th Cir. 1992). 4 Court REMANDS this action to the Superior Court of California, County of San Diego. Murray has not satisfied his burden. Therefore, the 5 IT IS SO ORDERED. 6 7 DATED: December 8, 2011 8 9 Honorable Barry Ted Moskowitz United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 11cv2719 BTM(NLS)

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