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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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J.P. MORGAN CHASE BANK, INC.,

Case No. 11cv2719 BTM(NLS)

Plaintiff,

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ORDER REMANDING CASE

v.
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EDWARD MURRAY, III,
Defendant.

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On November 17, 2011, Edward Murray filed a Complaint in this Court in addition to
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a Notice of Removal. The Notice of Removal pertains to an unlawful detainer action that was
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filed in state court.
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However, the Court lacks removal jurisdiction over this action. This unlawful detainer
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action arises under state law and does not require resolution of a substantial question of
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federal law. See U.S. Bank Nat’l Ass’n v. Lasoff, 2010 WL 669239 (C.D. Cal. Feb. 23, 2010)
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(holding that unlawful detainer action did not raise a federal question); HSBC Bank USA, NA
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v. Valencia, 2010 WL 546721 (E.D. Cal. Feb. 10, 2010) (remanding unlawful detainer action);
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Wells Fargo Bank, Nat’l Ass’n v. Cencil, 2010 WL 2179778 (N.D. Cal. May 27, 2010)
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(granting motion to remand unlawful detainer action). Any federal defenses or counterclaims
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Defendant may wish to bring do not give rise to federal question jurisdiction. Franchise Tax
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Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 14 (1983) (explaining that a case may
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not be removed to federal court on the basis of a federal defense).
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11cv2719 BTM(NLS)

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The removing defendant always has the burden of establishing that removal is proper,

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and the court resolves all ambiguity in favor of remand to state court. Gaus v. Miles, Inc.,

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980 F.2d 564, 566 (9th Cir. 1992).

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Court REMANDS this action to the Superior Court of California, County of San Diego.

Murray has not satisfied his burden. Therefore, the

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IT IS SO ORDERED.
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DATED: December 8, 2011

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Honorable Barry Ted Moskowitz
United States District Judge

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11cv2719 BTM(NLS)