Spruce NW 10 LLC v. Dawson et al

Filing 6

ORDER remanding case to Snohomish County Superior Court by Judge Ricardo S Martinez. (RS) cc defendant

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SPRUCE NW 10, LLC, a Washington
State limited liability corporation,

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Plaintiff,

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v.
LARRY C. DAWSON, PAMELA L.
DAWSON, and ALL OTHER
OCCUPANTS,

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Defendants.

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) CASE NO. C17-1008RSM
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) ORDER TO REMAND
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THIS MATTER comes before the Court sua sponte. Plaintiff Spruce NW 10, LLC

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(hereinafter “Spruce”) initially filed an unlawful detainer action in Snohomish County Superior

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Court on or about June 22, 2017. Dkts. #1 and #1-1. Defendant Pamela Dawson apparently filed

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an Answer asserting that the notice of eviction is invalid under the Protecting Tenants at

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Foreclosure Act (“PTFA”), 12 U.S.C. § 5220, et seq. Dkts. #1 and #1-2. Defendant Pamela

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Dawson then removed the action to this Court asserting federal question jurisdiction, and moved
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to proceed in forma pauperis (“IFP”). Dkts. #1 and #2. The Court has granted Defendant

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Dawson’s request to proceed IFP, but reviews this matter for proper jurisdiction. See Dkt. #5.

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An action may be removed to federal court only if it could have been originally brought
in federal court. 28 U.S.C. § 1441(a). “The defendant bears the burden of establishing that

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removal is proper.” Provincial Gov't of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087
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ORDER
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(9th Cir. 2009). Any doubt as to the right of removal is resolved in favor of remand. Gaus v.

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Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). This Court must sua sponte review all removed

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actions to confirm that federal jurisdiction is proper. Sparta Surgical Corp. v. Nat’l Ass’n. Sec.

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Dealers, Inc., 159 F.3d 1209, 1211 (9th Cir. 1998) (“If a district court lacks subject matter

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jurisdiction over a removed action, it has the duty to remand it . . . “). A court may raise the
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question of subject matter jurisdiction sua sponte at any time. Snell v. Cleveland, Inc., 316 F. 3d
822, 826 (9th Cir. 2002); Fed. R. Civ. P. 12(h)(3).

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A defendant may remove an action on the basis of federal question jurisdiction. District

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courts have federal question jurisdiction over “all civil actions arising under the Constitution,

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laws, or treaties of the United States.” 28 U.S.C. § 1331. Federal question jurisdiction “exists
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only when a federal question is presented on the face of the plaintiff's properly pleaded

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complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S. Ct. 2425, 96 L. Ed. 2d 318

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(1987). “In determining the existence of removal jurisdiction, based upon a federal question, the

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court must look to the complaint as of the time the removal petition was filed.” O'Halloran v.

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Univ. of Wash., 856 F.2d 1375, 1379 (9th Cir. 1988) (citations omitted). “A defense is not part

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of a plaintiff’s properly pleaded statement of his or her claim.” Rivet v. Regions Bank of

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Louisiana, 522 U.S. 470, 475, 118 S. Ct. 921, 139 L. Ed. 2d 912 (1998). Thus, “a case may not

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be removed to federal court on the basis of a federal defense.” Franchise Tax Bd. v. Constr.

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Laborers Vacation Trust, 463 U.S. 1, 14, 103 S. Ct. 2841, 77 L. Ed. 2d 420 (1983).

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Ms. Dawson has not established that the Court has federal question jurisdiction in this

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case. Plaintiff filed an unlawful detainer action based solely on state law. Dkt. #1-1. Plaintiff's

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Complaint does not present a federal question. Id. To the extent that Ms. Dawson asserts a

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federal defense to Plaintiff’s claims, a federal defense does not confer federal question

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ORDER
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jurisdiction on the Court. See Rivet, 522 U.S. at 475. Moreover, Courts in this Circuit have

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repeatedly held that the PTFA does not provide a claim for relief, and does not confer federal

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subject matter jurisdiction. See, e.g., Wells Fargo Bank v. Lapeen, No. C 11-01932 LB, 2011

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U.S. Dist. LEXIS 60671, 2011 WL 2194117, at *4 (N.D. Cal. June 6, 2011) (finding that the

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PFTA did not provide a federal claims for relief or confer federal subject matter jurisdiction);
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Wescom Credit Union v. Dudley, No. CV 10-8203 GAF (SSx), 2010 U.S. Dist. LEXIS 130517,

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2010 WL 4916578, at *2 (C.D. Cal. Nov. 22, 2010) (same); SD Coastline LP v. Buck, No.

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10CV2108 MMA (NLS), 2010 U.S. Dist. LEXIS 123124, 2010 WL 4809661, at *2-3 (S.D. Cal.

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Nov. 19, 2010) (same); United States v. Lopez, No. 2:10-cv-02438 WBS KJN PS, 2010 U.S.

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Dist. LEXIS 133150, 2010 WL 523301, at *3 (E.D. Cal. Dec. 16, 2010) (same); Zalemba v.
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HSBC Bank, USA, N.A., No. 10-cv-1646 BEN (BLM), 2010 U.S. Dist. LEXIS 104724, 2010 WL

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3894577, at *1 (S.D. Cal. Oct. 1, 2010) (same); Nativi v. Deutsche Bank Nat'l Trust Co., No. 09-

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06096 PVT, 2010 U.S. Dist. LEXIS 51697, 2010 WL 2179885, at *2-5 (N.D. Cal. May 26, 2010)

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(same); Aurora Loan Servs., LLC v. Martinez, No. C10-01260 HRL, 2010 U.S. Dist. LEXIS

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29761, 2010 WL 1266887, at *1 (N.D. Cal. Mar. 29, 2010) (same).

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Accordingly, having reviewed the relevant pleadings, the declarations and exhibits

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attached thereto, and the remainder of the record, the Court hereby ORDERS that this case is

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REMANDED to the Snohomish County Superior Court. This matter is now CLOSED.

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DATED this 12 day of July, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER
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