Prime Mesa, L.P. v. Yamamoto et al
Filing
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ORDER Sua Sponte Remanding Action to State Court for Lack of Subject-Matter Jurisdiction. Signed by Judge Janis L. Sammartino on 1/3/2017.(All non-registered users served via U.S. Mail Service)(CC: Superior Court for the County of San Diego)(kcm)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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PRIME MESA, L.P.,
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Case No.: 16cv3043-JLS (BGS)
ORDER SUA SPONTE REMANDING
ACTION TO STATE COURT FOR
LACK OF SUBJECT-MATTER
JURISDICTION
Plaintiff,
v.
RONALD YAMAMOTO; RUBY
GRACE MERCADO; and DOES 1 to 10
INCLUSIVE,
(ECF No. 1)
Defendants.
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Presently before the Court is Defendants’ Notice of Removal (“Removal Notice”).
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(ECF No. 1.) Defendants assert that jurisdiction is proper because the action “originally
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could have been filed in this Court pursuant to 28 U.S.C. § 1441(a) and/or (b)” because
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Defendants’ “Answer to the complaint for unlawful detainer was based on a defective
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Notice to Pay or Quit” which “depend[s] on the determination of Defendant’s [sic] rights
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and Plaintiff’s duties under federal law.” (Removal Notice 1–2.)
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Federal courts are courts of limited jurisdiction and, as such, may only entertain suits
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that are properly within the scope of federal jurisdiction. Demarest v. United States, 718
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F.2d 964, 965 (9th Cir. 1983). Although a party may raise a defense of lack of subject-
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matter jurisdiction, Fed. R. Civ. P. 12(b)(1), a federal court also has an independent duty
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16cv3043-JLS (BGS)
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to evaluate subject-matter jurisdiction and may do so at any time, see id. at 12(h)(3). The
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two most common bases of federal subject-matter jurisdiction are (1) diversity of
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citizenship pursuant to Section 1332, and (2) federal question jurisdiction under Section
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1331. Section 1441 authorizes removal under either basis.
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Diversity of citizenship jurisdiction requires that the parties are citizens of different
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States and that the amount “in controversy exceeds the sum or value of $75,000.”
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28 U.S.C. § 1332(a). In the present case, Defendants’ assertion that the action originally
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could have been filed in federal court pursuant to Section 1332 is unsupported by any
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allegations regarding the citizenship of the parties. Furthermore, the underlying Superior
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Court summons explicitly states that the action is a limited civil case where Plaintiff’s
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demand “does not exceed $10,000.” (Removal Notice 6.) Accordingly, this case is not
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properly before the court under diversity of citizenship jurisdiction; the Court cannot assess
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the citizenship of the parties, and, even if it could, Plaintiff seeks well less than $75,000.
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Federal question jurisdiction provides federal courts with “jurisdiction of all civil
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actions arising under the Constitution, laws, or treaties of the United States.” However,
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that a potential defense may implicate federal law is not enough to satisfy federal question
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jurisdiction; the basis for asserting such jurisdiction must appear on the face of a plaintiff’s
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complaint. Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 152 (1908) (“It is not
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enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts
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that the defense is invalidated by some provision of the Constitution of the United States.
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Although such allegations show that very likely, in the course of the litigation, a question
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under the Constitution would arise, they do not show that the suit, that is, the plaintiff’s
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original cause of action, arises under the Constitution.”).
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In the present case, Plaintiff’s complaint is one for unlawful detainer, a cause of
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action solely arising under California law. (See Removal Notice 7 (checked box for “this
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action is solely for nonpayment of rent (Code Civ. Proc. § 1161(2))”).) Accordingly, the
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Court does not have federal question jurisdiction over the present action.
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///
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16cv3043-JLS (BGS)
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“If at any time before final judgment it appears that the district court lacks subject
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matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Given the foregoing,
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and because the Court has no basis to exercise jurisdiction over this matter, the instant case
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is REMANDED to the Superior Court for the County of San Diego for all further
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proceedings.
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IT IS SO ORDERED.
Dated: January 3, 2017
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16cv3043-JLS (BGS)
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