Red Bluff Funding, LLC v. Gil et al
Filing
8
ORDER granting Defendant Gil's 2 Motion for Leave to Proceed in Forma Pauperis; denying as moot Plaintiff's 4 Motion to Remand to State Court. Court remands the action to Superior Court of California for the County of San Diego. Signed by Judge Irma E. Gonzalez on 4/20/2013. (cc: San Diego County Superior Court) (All non-registered users served via U.S. Mail Service) (jah)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
SOUTHERN DISTRICT OF CALIFORNIA
9
RED BLUFF FUNDING, LLC,
10
CASE NO. 13cv571 - IEG (MDD)
Plaintiff,
ORDER:
11
12
(1) GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS [Doc. No. 2];
v.
13
(2) REMANDING THE ACTION
TO THE SUPERIOR COURT OF
CALIFORNIA FOR THE COUNTY
OF SAN DIEGO; and
14
15
ELIZABETH GIL; CARLOS
CUAMATZI,
16
(3) DENYING AS MOOT MOTION
TO REMAND TO STATE COURT
[Doc. No. 4]
Defendants.
17
18
Presently before the Court is the motion of Defendant Elizabeth Gil
19
20
21
22
23
24
25
26
27
28
(“Defendant Gil”) for leave to proceed in forma pauperis (“IFP”) pursuant to 28
U.S.C. § 1915. [Doc. No. 2, IFP Mot.] For the following reasons, the Court
GRANTS Defendant Gil’s motion for leave to proceed IFP, REMANDS the action
to the Superior Court of California for the County of San Diego, and DENIES AS
MOOT Plaintiff Red Bluff Funding, LLC’s (“Plaintiff”) motion to remand to state
court.
BACKGROUND
On December 5, 2012, Plaintiff commenced an unlawful detainer action in
the San Diego Superior Court, seeking possession of real property located at 1821
-1-
13cv571
1
Calle Las Palmas, Oceanside, California. [Doc. No. 1, Notice of Removal at 5.] On
2
March 12, 2013, Defendant Gil removed this action from the Superior Court of
3
California for the County of San Diego to this Court on the basis of federal question
4
jurisdiction. [Doc. No. 1, Notice of Removal at 6.] Plaintiff Gil also filed a motion
5
for leave to proceed IFP. [Doc. No. 2, IFP Mot.] On March 14, 2013, Defendant
6
filed a motion to remand the instant action for lack of subject matter jurisdiction.
7
[Doc. No. 4, Mot. to Remand.]
DISCUSSION
8
9
All parties instituting any civil action, suit or proceeding in a district court of
10
the United States, except an application for writ of habeas corpus, must pay a filing
11
fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s
12
failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP
13
pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th
14
Cir. 1999).
15
Pursuant to 28 U.S.C. § 1915(a), a court may authorize the commencement of
16
a suit without prepayment of fees if the plaintiff submits an affidavit, including a
17
statement of all assets, showing that she is unable to pay filing fees. See 28 U.S.C.
18
§ 1915(a). In the present case, having reviewed Defendant’s motion and
19
declaration in support of the motion [Doc. No. 2, IFP Mot.], the Court finds that she
20
has made a sufficient showing of inability to pay the required filing fees. See
21
Rodriguez, 169 F.3d at 1177. Accordingly, the Court GRANTS Defendant Gil’s
22
motion for leave to proceed IFP.
23
Moreover, any complaint filed pursuant to the IFP provisions of 28 U.S.C. §
24
1915(a), is subject to a mandatory and sua sponte review and dismissal by the
25
Court, if it finds the complaint is “frivolous, malicious, failing to state a claim upon
26
which relief may be granted, or seeking monetary relief from a defendant immune
27
from such relief.” 28 U.S.C. § 1915(e)(2)(B); Calhoun v. Stahl, 254 F.3d 845, 845
28
(9th Cir. 2001) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to
-2-
13cv571
1
prisoners.”). Additionally, “[i]f the court determines at anytime that it lacks
2
subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P.
3
12(h)(3); see also Cal. Diversified Promotions, Inc. v. Musick, 505 F.2d 278, 280
4
(9th Cir. 1974) (“It has long been held that a judge can dismiss sua sponte for lack
5
of jurisdiction.”); Compass Bank v. Goble, 2012 WL 3229155 (S.D. Cal. Aug. 3,
6
2012) (sua sponte remanding action for lack of subject matter jurisdiction after
7
granting motion for leave to proceed IFP).
8
9
Having conducted an initial review of Plaintiff’s complaint, the Court finds
that it lacks subject matter jurisdiction. An action is removable to federal court only
10
if it might have been brought there originally. See 28 U.S.C. § 1441(a). Federal
11
courts are courts of limited jurisdiction and as such “possess only that power
12
authorized by Constitution and statute, which is not to be expanded by judicial
13
decree.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994)
14
(internal citations omitted). The court must presume that a case lies outside of its
15
limited jurisdiction, and the burden of establishing jurisdiction is on the party
16
asserting it. Id. The removal statute is strictly construed against removal
17
jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Thus,
18
“[f]ederal jurisdiction must be rejected if there is any doubt as to the right of
19
removal in the first instance.” Id.
20
In her notice of removal, Defendant Gil asserts federal question jurisdiction
21
as the basis for the Court’s subject matter jurisdiction. [Doc. No. 1, Notice of
22
Removal at 2.] Defendant states that “[f]ederal question jurisdiction exists because
23
Defendants’ answer, a pleading, depend [sic] on the determination of Defendants’
24
rights and Plaintiff’s duties under federal law.” [Id. at 2-3.]
25
“[D]istrict courts . . . have original jurisdiction of all civil actions arising
26
under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331.
27
The “federal question” must be disclosed on the face of the complaint. Sparta
28
Surgical Corp. v. Nat’l Ass’n of Securities Dealers, Inc., 159 F.3d 1209, 1211 (9th
-3-
13cv571
1
Cir. 1998). Under the longstanding well-pleaded complaint rule, this means that
2
jurisdiction is proper “only when the plaintiff’s statement of his own cause of action
3
shows that it is based upon [federal law].” Vaden v. Discover Bank, 556 U.S. 49,
4
60 (2009) (internal quotation omitted). “It does not suffice to show that a federal
5
question lurks somewhere inside the parties’ controversy, or that a defense or
6
counterclaim would arise under federal law.” Id. at 70.
7
The sole basis that Defendant Gil asserts for federal question jurisdiction is
8
that Defendants’ answer depends on a determination of federal law. [Doc. No. 1,
9
Notice of Removal at 2.] The fact that Defendants’ answer may depend on federal
10
law is insufficient to establish subject matter jurisdiction. See Vaden, 556 U.S. at
11
70. Defendant Gil must show that Plaintiff’s complaint is based upon federal law.
12
See id. at 60. However, Plaintiff’s complaint asserts only one cause of
13
action—unlawful detainer, which is a state law claim. [Doc. No. 1, Notice of
14
Removal at 5-8.] As the Notice of Removal does not adequately state a basis for
15
federal subject matter jurisdiction, the Court REMANDS the action to the Superior
16
Court of California for the County of San Diego where it was originally filed.
CONCLUSION
17
18
For the reasons above, the Court:
19
1.
2];
20
21
2.
24
25
26
REMANDS the action to the Superior Court of California for the
County of San Diego; and
22
23
GRANTS Defendant Gil’s motion for leave to proceed IFP [Doc. No.
3.
DENIES AS MOOT Plaintiff’s motion to remand to state court [Doc.
No. 4].
IT IS SO ORDERED.
DATED: April 20, 2013
______________________________
IRMA E. GONZALEZ
United States District Judge
27
28
-4-
13cv571
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?