CAH 2014-2 Borrower, LLC v. Salazar et al

Filing 4

ORDER: (1) Granting Motion to Proceed IFP; and (2) Remanding Case to State Court. Signed by Judge Roger T. Benitez on 6/6/2016.(cc: State Court)(All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CAH 2014-2 BORROWER, LLC,
Plaintiff,

Case No.: 16CV1254 BEN (BGS)
ORDER:
(1) GRANTING MOTION TO
PROCEED IFP

v.
ALONSO SALAZAR, et al.,
Defendants.

(2) REMANDING CASE TO STATE
COURT

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On March 18, 2016, Plaintiff CAH-2014-2 Borrower, LLC filed an unlawful

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detainer action in state court against Defendants Alonso Salazar and Lorena Salas. On

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May 26, 2016, Defendant Salazar removed the action to this Court. Instead of paying the

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filing fee, Salazar moved to proceed in forma pauperis (“IFP”). For the reasons set forth

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below, the motion to proceed IFP is GRANTED and the case is REMANDED to state

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court.

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DISCUSSION
I.

Motion to Proceed IFP
All parties instituting any civil action in a district court must pay a filing fee. 28

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U.S.C. § 1914(a). An action may proceed despite a party’s failure to prepay the entire fee

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only if the party is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). Under

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28 U.S.C. § 1915(a)(1),
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16CV1254 BEN (BGS)

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[A]ny court of the United States may authorize the
commencement, prosecution or defense of any suit, action or
proceeding . . . without prepayment of fees or security therefor,
by a person who submits an affidavit that includes a statement
of all assets such [person] possesses that the person is unable to
pay such fees or give security therefor.

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The information provided in Salazar’s affidavit reflects an inability to pay the fee

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to pursue this action. The Motion to Proceed IFP is GRANTED.

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II.

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Sua Sponte Screening
An IFP complaint is subject to mandatory screening. Pursuant to 28 U.S.C. §

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1915(e)(2)(B), the Court must dismiss any complaint if at any time the Court determines

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that it is “frivolous or malicious,” “fails to state a claim on which relief may be granted,”

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or “seeks monetary relief against a defendant who is immune from such relief.” The sua

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sponte screening is mandatory. See Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000)

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(en banc); see also Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per curiam)

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(“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners.”).
Upon the Court’s screening of the Notice of Removal and Complaint, it is apparent

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that this Court lacks subject-matter jurisdiction. The allegations of the Complaint arise

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solely under state law. It is an unlawful detainer action. Defendant cites the Fair Debt

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Collection Practices Act in the Notice of Removal, however this is not a claim asserted in

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the Complaint.1 This Court lacks federal question jurisdiction. 28 U.S.C. § 1331.

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In addition, the amount in controversy is less than $75,000, precluding diversity as

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a basis for jurisdiction even if diversity of citizenship existed. 28 U.S.C. § 1332

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(requiring that the amount in controversy exceed $75,000). The Complaint indicates that

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Assuming it can even be asserted in an unlawful detainer action, this is, at best, a federal
defense. “A case may not be removed to the federal court on the basis of a federal
defense.” ARCO Envtl. Remediation, LLC v. Dep’t of Health and Envtl. Quality of
Mont., 213 F.3d 1108, 1113 (9th Cir. 2000).
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the amount demanded is $10,000 or less.
When a case has been removed, the Court is obligated to remand it if the Court

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finds it lacks subject-matter jurisdiction. “If at any time before final judgment it appears

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that the district court lacks subject-matter jurisdiction, the case shall be remanded.” 28

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U.S.C. 1447(c). Because the Court lacks subject matter jurisdiction, the case is

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REMANDED.

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IT IS SO ORDERED.
Dated: June 6, 2016

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16CV1254 BEN (BGS)