Wells Fargo Bank, NA v. Godett et al
Filing
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ORDER Remanding Action To State Court: This action is REMANDED to the Superior Court of the State of California for the County of San Diego (North County). Signed by Judge Dana M. Sabraw on 7/3/2012. (All non-registered users served via U.S. Mail Service; ceritifed copy: Calif. Superior Court, San Diego County, North County location.) (mdc)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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WELLS FARGO BANK, N.A.,
Case No. 12cv1625 DMS (BLM)
Plaintiff,
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ORDER REMANDING ACTION
TO STATE COURT
vs.
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RICHARD M. GODETT, et al.,
Defendants.
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Defendant Mark D. Christenson, proceedings pro se, removed from state court this unlawful
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detainer action. The notice of removal is based on federal question jurisdiction under 28 U.S.C.
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Section 1331 and removal jurisdiction under 28 U.S.C. Section 1441.
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"Federal courts are courts of limited jurisdiction. They possess only that power authorized by
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Constitution or a statute, which is not to be expanded by judicial decree. It is to be presumed that a
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cause lies outside this limited jurisdiction and the burden of establishing the contrary rests upon the
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party asserting jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994);
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see also Abrego Abrego v. The Dow Chem. Co., 443 F.3d 676, 684 (9th Cir. 2006).
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Consistent with the limited jurisdiction of federal courts, the removal statute is strictly
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construed against removal jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992); see
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also Sygenta Crop Prot. v. Henson, 537 U.S. 28, 32 (2002); O'Halloran v. University of Wash., 856
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F.2d 1375, 1380 (9th Cir. 1988). "The strong presumption against removal jurisdiction means that
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the defendant always has the burden of establishing that removal is proper." Gaus, 980 F.2d at 566;
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see also Nishimoto v. Federman-Bachrach & Assoc., 903 F.2d 709, 712 n.3 (9th Cir. 1990);
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O'Halloran, 856 F.2d at 1380. "The traditional rule of burden allocation in determining removal
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jurisdiction was meant to comport with what the Supreme Court has termed ‘[t]he dominant note in
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the successive enactments of Congress relating to diversity jurisdiction,' that is, ‘jealous restriction,
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of avoiding offense to state sensitiveness, and of relieving the federal courts of the overwhelming
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burden of business that intrinsically belongs to the state courts in order to keep them free for their
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distinctive federal business.'" Abrego Abrego, 443 F.3d at 685, quoting Indianapolis v. Chase Nat'l
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Bank, 314 U.S. 63, 76 (1941).
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“[A]ny civil action brought in a State court of which the district courts of the United
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States have original jurisdiction, may be removed . . ..” 28 U.S.C. § 1441(a). Defendant
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removed this action based on federal question jurisdiction under 28 U.S.C. Section 1331, which
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confers “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the
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United States.” Defendant claims federal question exists in this case because he asserts a defense
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under The Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220.
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[T]he presence or absence of federal-question jurisdiction is governed by the
well-pleaded complaint rule, which provides that federal jurisdiction exists only when
a federal question is presented on the face of the plaintiff's properly pleaded complaint.
A defense is not part of a plaintiff's properly pleaded statement of his or her claim.
Thus, a case may not be removed to federal court on the basis of a federal defense,
. . . even if the defense is anticipated in the plaintiff's complaint, and even if both
parties admit that the defense is the only question truly at issue in the case.
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Rivet v. Regions Bank of Louisiana, 522 U.S. 470, 475 (1998) (internal quotation marks and citations
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omitted).
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Accordingly, Defendant has not met his burden as the removing party to establish removal
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jurisdiction. "If at any time before final judgment it appears that the district court lacks subject matter
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jurisdiction, the case shall be remanded." 28 U.S.C. § 1447(c). This action is REMANDED to the
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Superior Court of the State of California for the County of San Diego (North County).
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IT IS SO ORDERED.
DATED: July 3, 2012
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HON. DANA M. SABRAW
United States District Judge
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