Pacifica Loan Pool One, LP v. Joshiwa R. Clements et al
Filing
9
MINUTES: (IN CHAMBERS) ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT: Because this Court does not have jurisdiction over this Unlawful Detainer action, the matter is REMANDED to the Los Angeles County Superior Court, Northeast District/ Pasadena Courthouse, Case No. 13P02222 IT IS SO ORDERED by Judge John A. Kronstadt (cc Copy of Minute Order, Docket Sheet and Letter of Remand sent to Pasadena Superior Court, Case number 13P02222) (Case Terminated. Made JS-6) (Attachments: # 1 Letter of Remand) (ir)
<![CDATA[
Pacifica Loan Pool One, LP v. Joshiwa R. Clements et al
Doc. 9
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV13-05689 JAK (RZx)
Title
Pacifica Loan Pool One, LP v. Joshiwa R. Clements, et al.
Present: The Honorable
Date
August 13, 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 30, 2013, Pacifica Loan Pool One, LP (“Plaintiff”) filed an Unlawful Detainer action against
Joshiwa Clements (“Defendant”) seeking possession of the property located at 4032 Velma Ave., El
Monte, CA 91731. Dkt. 1, p. 2. On August 6, 2013, Defendant removed the action to this Court. Id. 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).
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 Defendant
seeks to raise multiple 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).
Nor does this Court have diversity jurisdiction over this action. Diversity jurisdiction exists only where a
civil action is between citizens of different states, and the amount in controversy exceeds $75,000. 28
U.S.C. § 1332. Complete diversity of citizenship is required: “the citizenship of each plaintiff [must be]
different from that of each defendant.” Hunter v. Philip Morris USA, 582 F.3d 1039, 1043 (9th Cir. 2009).
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 1 of 2
Dockets.Justia.com
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV13-05689 JAK (RZx)
Date
Title
August 13, 2013
Pacifica Loan Pool One, LP v. Joshiwa R. Clements, et al.
Here, the face of the Unlawful Detainer complaint seeks damages less than $10,000. Dkt. 4-3, p. 1.
Therefore, the amount in controversy does not meet the required amount for diversity jurisdiction, and for
this reason there is no diversity jurisdiction.
III. Conclusion
Because this Court does not have jurisdiction over this Unlawful Detainer action, the matter is
REMANDED to the Los Angeles County Superior Court, Northeast District/Pasadena Courthouse, Case
No. 13P02222.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (10/08)
CIVIL MINUTES - GENERAL
ak
Page 2 of 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
