(PS) THR California L.P. v. Grant, No. 2:2014cv02937 - Document 4 (E.D. Cal. 2015)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/8/15 ORDERING that 2 Motion to proceed in forma pauperis is denied without prejudice. RECOMMENDING that this action be summarily remanded to the Superior Court of California, County of Sacramento. F&R referred to Judge Troy L. Nunley. Objections to F&R due within fourteen days. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THR CALIFORNIA L.P., 12 13 14 15 No. 2:14-cv-2937 TLN CKD PS Plaintiff, v. ORDER and FINDINGS AND RECOMMENDATIONS CHANTAE GRANT, Defendant. 16 17 This action was removed from state court. Removal jurisdiction statutes are strictly 18 construed against removal. See Libhart v. Santa Monica Dairy Co., 592 F.2d 1062, 1064 (9th Cir. 19 1979). “Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the 20 first instance.” Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992). The party invoking removal 21 bears the burden of establishing federal jurisdiction. Hunter v. Philip Morris USA, 582 F.3d 1039 22 (9th Cir. 2009). Where it appears the district court lacks subject matter jurisdiction, the case shall 23 be remanded. 28 U.S.C. § 1447(c). 24 In conclusory fashion, the removal petition alleges the complaint is subject to federal 25 question jurisdiction. Removal based on federal question jurisdiction is proper only when a 26 federal question is presented on the face of the plaintiff’s properly pleaded complaint. Caterpillar 27 Inc. v. Williams, 482 U.S. 386, 392 (1987). However, the exhibits attached to the removal 28 petition establish the state court action is nothing more than a simple unlawful detainer action, 1 1 and the state court action is titled as such. To the extent defendant attempts to invoke diversity 2 jurisdiction, the monthly rent at issue is $1,275, the past-due rent is $1,300 and the fair rental 3 value of the premises is $41.01 per day. In light of the allegations of the complaint regarding 4 damages, the amount in controversy required for diversity jurisdiction plainly cannot be met. 5 Defendant has failed to meet her burden of establishing federal jurisdiction and the matter should 6 therefore be remanded. See generally Singer v. State Farm Mutual Automobile Insurance Co., 7 116 F.3d 373, 375-376 (9th Cir. 1997). 8 9 10 11 12 13 Defendant has filed a motion to proceed in forma pauperis. Because the court will recommend remand of this action, the motion will be denied without prejudice. Accordingly, IT IS HEREBY ORDERED that defendant’s motion to proceed in forma pauperis (ECF No. 2) is denied without prejudice; and IT IS HEREBY RECOMMENDED that the above-entitled action be summarily remanded to the Superior Court of California, County of Sacramento. 14 These findings and recommendations are submitted to the United States District Judge 15 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 16 after being served with these findings and recommendations, any party may file written 17 objections with the court and serve a copy on all parties. Such a document should be captioned 18 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 19 shall be served and filed within seven days after service of the objections. The parties are advised 20 that failure to file objections within the specified time may waive the right to appeal the District 21 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 Dated: January 8, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 23 24 25 26 4 THR-grant.remud.ifp 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.