Cantor Nikols Holdings LLC v. Alicia S. Johnson et al
Filing
9
MINUTE ORDER IN CHAMBERS ORDER REMANDING CASE TO SAN BERNARDINO SUPERIOR COURT by Judge Jacqueline H. Nguyen: The Court hereby REMANDS this matter to the San Bernardino Superior Court, Case number UDCS1100337 Case Terminated. Made JS-6 (Attachments: # 1 remand letter) (bp)
JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
5:11-cv-01271-JHN-SP
Title
Cantor Nikols Holdings LLC v. Alicia S. Johnson et al
Present: The
Honorable
Date
September 12, 2011
JACQUELINE H. NGUYEN
Alicia Mamer
Not Reported
N/A
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not present
Not present
Proceedings:
ORDER REMANDING CASE TO SAN BERNARDINO SUPERIOR
COURT (In Chambers)
On June 22, 2011, Plaintiff Cantor Nikols Holdings, LLC (“Plaintiff”) brought a
Complaint for unlawful detainer against Defendant Alicia S. Johnson (“Defendant”) in
state court. On August 10, 2011, Defendant removed the case to federal court. (Docket
No. 1.) Having considered the Notice of Removal, the Court finds no federal jurisdiction
and hereby REMANDS the case to the San Bernardino Superior Court.
I.
Discussion
Removal to federal court is governed by 28 U.S.C. § 1441, which in relevant part states
that “any civil action brought in a State court of which the district courts of the United
States have original jurisdiction, may be removed by the defendant or the defendants . . .
.” 28 U.S.C. § 1441(a). However, the Court may remand a case to state court for lack of
subject matter jurisdiction. 28 U.S.C. § 1447(c). “The burden of establishing federal
jurisdiction is on the party invoking federal jurisdiction.” U.S. v. Marks, 530 F.3d 799,
810 (9th Cir. 2008).
Under 28 U.S.C. § 1331, the Court has original jurisdiction over civil actions “arising
under” federal law. “The presence or absence of federal-question jurisdiction is governed
by the ‘well-pleaded complaint rule,’ which provides that federal jurisdiction exists only
when a federal question is presented on the face of the plaintiff’s properly pleaded
complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). The only exception
to this rule is where plaintiff’s federal claim has been disguised by “artful pleading,” such
as where the only claim is a federal one or is a state claim preempted by federal law.
Sullivan v. First Affiliated Sec., Inc., 813 F.2d 1368, 1372 (9th Cir. 1987).
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
5:11-cv-01271-JHN-SP
Date
Title
September 12, 2011
Cantor Nikols Holdings LLC v. Alicia S. Johnson et al
Here, although Defendant alleges that the claims arise under federal law, Plaintiff’s only
cause of action is for unlawful detainer in violation of California Code of Civil Procedure
§ 1161a. (Notice of Removal, Compl. 1.) No federal question is presented on the face of
the Complaint. Therefore, no federal question jurisdiction exists.
Pursuant to 28 U.S.C. § 1332, the Court also has original jurisdiction over civil actions
where there is complete diversity of citizenship and the amount in controversy exceeds
$75,000. Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir. 2001).
However, neither the Complaint nor the Notice of Removal alleges the citizenship of the
parties. Without an allegation as to citizenship, Defendant cannot meet her burden of
establishing diversity. Moreover, although the Notice of Removal claims the amount in
controversy exceeds $75,000, the Complaint specifically alleges that the damages have
accrued at the daily rental rate of $40.00 per day from June 21, 2011, which amounts to
approximately $3,500. Thus, the amount in controversy does not exceed $75,000. For
these reasons, no diversity jurisdiction exists.
II.
Conclusion
Defendant has failed to meet her burden of establishing federal jurisdiction. Accordingly,
the Court hereby REMANDS this matter to the San Bernardino Superior Court.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
N/A
JL
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