Aslan Residential IV, LLC v. Gard et al

Filing 3

ORDER Sua Sponte Remanding Action to State Court: The Court lacks subject matter jurisdiction over this matter and Remands the case to the Superior Court of California, County of San Diego. Signed by Judge Michael M. Anello on 4/11/2012. (Certified Copy Sent to Superior Court)(All non-registered users served via U.S. Mail Service)(leh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ASLAN RESIDENTIAL IV, LLC,

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Plaintiff,

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Civil No.

vs.

12-CV-882-MMA(JMA)

ORDER SUA SPONTE REMANDING
ACTION TO STATE COURT

BRAIN GARD,
Defendant.

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On April 10, 2012, Defendant Brian Gard filed a notice of removal of an unlawful detainer

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action brought by Plaintiff Aslan Residential IV, LLC. After reviewing Defendant’s notice of removal

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and the underlying complaint, the Court finds that it lacks subject matter jurisdiction over this case. As

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

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I.

LEGAL STANDARD

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Generally, subject matter jurisdiction is based on the presence of a federal question, see 28

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U.S.C. § 1331, or on complete diversity between the parties, see 28 U.S.C. § 1332. If at any time before

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the entry of final judgment it appears that the Court lacks subject matter jurisdiction over a case

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removed from state court, it must remand the action to state court. See 28 U.S.C. § 1447(c); Int’l

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Primate Prot. League v. Adm’rs of Tulane Educ. Fund, 500 U.S. 72 (1991). There is a “strong

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presumption” against removal jurisdiction, and the party seeking removal always has the burden of

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establishing that removal is proper. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). If there is

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any doubt as to the propriety of removal, federal jurisdiction must be rejected. Id. at 567.

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12CV882

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II.

DISCUSSION

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Federal question jurisdiction is absent because no “federal question is presented on the face of

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plaintiff’s properly pleaded complaint.” Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987).

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Plaintiff’s complaint asserts a single claim for unlawful detainer, a cause of action that is purely a matter

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of state law. See Fannie Mae v. Suarez, 2011 U.S. Dist. LEXIS 82300, at *6 (E.D. Cal. July 27, 2011)

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(“Unlawful detainer actions are strictly within the province of state court”); Deutsche Bank Nat’l Trust

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Co. v. Leonardo, 2011 U.S. Dist. LEXIS 83854, at *2 (C.D. Cal. Aug. 1, 2011) (“[T]he complaint only

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asserts a claim for unlawful detainer, a cause of action that is purely a matter of state law”).

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Although Defendant asserts he filed a demurrer in the state court “based on a defective notice,

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i.e., the Notice to Occupants to Vacate Premises, failed to comply with The Protecting Tenants at

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Foreclosure Act [12 U.S.C. §5220],” [Doc. No. 1, p.2 ¶ 8 (brackets in original)], federal question

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jurisdiction cannot be predicated on the existence of a federal defense. Franchise Tax Bd. of Cal. v.

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Constr. Laborers Vacation Trust for S. Cal., 463 U.S. 1, 14 (1983) (“[S]ince 1887 it has been settled

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law that a case may not be removed to federal court on the basis of a federal defense . . . .”). Thus, any

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anticipated defense, such as a claim under the Protecting Tenants at Foreclosure Act, Pub.L. No. 111-22,

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§ 702, 123 Stat. 1632 (2009), is not a valid ground for removal. Accord Aurora Loan Servs., LLC v.

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Montoya, 2011 WL 5508926, at *4 (E.D. Cal. Nov. 9, 2011); SD Coastline LP v. Buck, 2010 WL

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4809661, at *2-3 (S.D. Cal. Nov.19, 2010); Wescom Credit Union v. Dudley, 2010 WL 4916578, at 2-3

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(C.D. Cal. Nov. 22, 2010); Aurora Loan Servs., LLC v. Martinez, 2010 WL 1266887, at * 1 (N.D. Cal.

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March 29, 2010). In any event, neither the state court answer nor demurrer mention any federal statute.

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III.

CONCLUSION
The Court lacks subject matter jurisdiction over this matter and REMANDS the case to the

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Superior Court of California, County of San Diego.

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IT IS SO ORDERED.

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DATED: April 11, 2012

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Hon. Michael M. Anello
United States District Judge

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12CV882

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