Kotapati v. Kim et al

Filing 14

ORDER by Judge Robert S. Lasnik. The Clerk of Court shall immediately transfer this matter to Snohomish CountySuperior Court. (SWT) (cc: Defendant Hae Young Kim via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SIVA RAMA RAO KOTAPATI,

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Plaintiff,
Case No. C17-0593RSL
v.
ORDER
HAE YOUNG KIM, and All Occupants of the
Premises located at 18611 37th Dr. SE,
Bothell, WA 98102,

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Defendant.

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Plaintiff Siva Rama Rao Kotapati filed this unlawful detainer action in state court.

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On April 17, 2017, defendant Hae Young Kim removed the case to federal court alleging

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that the Court has jurisdiction based on an issue of federal bankruptcy law and/or

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diversity of citizenship. The Court ordered defendant to show cause why this case should

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not be remanded to state court for lack of subject matter jurisdiction. Although no

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response was received by the date specified in the Court’s order, there seems to have been

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a delay in service: a response to the order to show cause was received on May 15, 2017.

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The Court finds that remand is nevertheless appropriate. Defendant argues that this

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Court has jurisdiction over this unlawful detainer action because he is a dependent of

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active military personnel under 50 U.S.C. § 3932. This argument is factually and legally

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deficient. The “Enlisted Record Brief” submitted by defendant is for Eugene Young Kim

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who, according to the document, has no dependents. The statute upon which defendant
ORDER - 1

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relies, 50 U.S.C. § 3932, applies only where a named party is in military service.

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Defendant does not claim to be in the military service: whether he is the dependant of

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active military personnel is therefore irrelevant.

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Assuming, for purposes of this analysis, that Eugene Young Kim is another

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occupant of the foreclosed premises and therefore a defendant in the state court action,

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the statute enables him to request a stay utilizing the procedures set forth in 50 U.S.C.

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§ 3932(b)(2). There is no indication in the statute or the case law that an intrinsically state

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law matter such as an unlawful detainer action is preempted or becomes a federal claim

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simply because a service member is a named party. Plaintiff could not have filed this

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complaint in federal court originally, and the fact that Eugene Young Kim may have a

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right to stay the state court action does not justify its removal to federal court.

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The Clerk of Court shall immediately transfer this matter to Snohomish County
Superior Court.

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Dated this 17th day of May, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER - 2