ColFin AI CA 5 LLC v. Patrick Mora et al
Filing
10
MINUTE ORDER IN CHAMBERS by Judge John A. Kronstadt. Because this Court does not have jurisdiction over this Unlawful Detainer action, the matter is REMANDED to the Los Angeles County Superior Court, Santa Monica Courthouse, Case No. 13R02859. The Court awards Plaintiff's counsel attorney's fees in the amount of $250. Case remanded to to Los Angeles Superior Court, Case number 13R02859 Case Terminated. Made JS-6 (Attachments: # 1 Cv 103) (lom)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV13-04750 JAK (RZx)
Title
ColFin AI CA 5, LLC v. Patrick Mora, et al.
Present: The Honorable
Date
August 20, 2013
JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE
Andrea Keifer
Not Reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
I.
(IN CHAMBERS) ORDER REMANDING ACTION TO LOS ANGELES
COUNTY SUPERIOR COURT JS-6
Background
On May 7, 2013, ColFin AI CA 5, LLC (“Plaintiff”) filed an Unlawful Detainer action against Patrick Mora
and Martha Emilia Higuera (“Defendants”) seeking possession of the property located at 11732 Oxnard
Street, North Hollywood, CA 91606. Dkt. 1, Exh. A. On July 1, 2013, Defendants removed the action to
this Court. Dkt. 1. For the reasons stated in this Order, the action is REMANDED to the Superior Court.
II. Analysis
As a court of limited jurisdiction, see Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377
(1994), this Court must determine the issue of subject matter jurisdiction before reaching the merits of a
case, see Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94 (1998).
Defendants assert that this court has federal question jurisdiction over this action. However, no federal
question jurisdiction is present in this case. Federal courts have original jurisdiction over “all civil actions
arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. “For a case to
arise under federal law, a plaintiff’s well-pleaded complaint must establish either (1) that federal law
creates the cause of action or (2) that the plaintiff’s asserted right to relief depends on the resolution of a
substantial question of federal law. Federal jurisdiction cannot hinge upon defenses or counterclaims,
whether actual or anticipated.” K2 Am. Corp. v. Roland Oil & Gas, LLC, 653 F.3d 1024, 1029 (9th Cir.
2011) (internal quotations and citations omitted). In this case, Plaintiff’s Unlawful Detainer complaint does
not include a cause of action that arises under federal law. Unlawful Detainer actions, which concern the
right to the possession of real property, arise under state law. Although Defendants seek to raise
defenses that are based on federal laws, that is not a basis for federal question jurisdiction. Franchise
Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 10-12 (1983); Wayne v. DHL Worldwide Express,
294 F.3d 1179, 1183 (9th Cir. 2002).
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CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV13-04750 JAK (RZx)
Title
Date
August 20, 2013
ColFin AI CA 5, LLC v. Patrick Mora, et al.
III. Attorney’s Fees
Plaintiff requests attorney’s fees for time spent preparing its motion to remand the case, pursuant to 28
U.S.C. § 1447(c). Dkt. 7, p. 8. Plaintiff requests fees in the amount of $750 for fees incurred researching
and preparing the motion. Id. In support, Plaintiff offers the declaration of Rebecca Hufford-Cohen,
Plaintiff’s attorney, stating that she spent three hours preparing the motion to remand and that her
reasonable hourly rate is $250. Id. at 11. The issues in this case are not novel or complex. Accordingly,
the Court awards attorney’s fees in the amount of $250.
IV. Conclusion
Because this Court does not have jurisdiction over this Unlawful Detainer action, the matter is
REMANDED to the Los Angeles County Superior Court, Santa Monica Courthouse, Case No. 13R02859.
The Court awards Plaintiff’s counsel attorney’s fees in the amount of $250.
IT IS SO ORDERED.
:
Initials of Preparer
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