California Housing Finance Agency et al v. Browning et al
Filing
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SUA SPONTE REQUEST FOR RELATED CASE DETERMINATION (Civil L.R. 3-12(c)). Signed by Magistrate Judge Jacqueline Scott Corley on 8/7/2012. (ahm, COURT STAFF) (Filed on 8/7/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Northern District of California
United States District Court
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CALIFORNIA HOUSING FINANCE
AGENCY,
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Plaintiff,
Case No.: 12-3301 JSC
SUA SPONTE REQUEST FOR
RELATED CASE DETERMINATION
(Civil L.R. 3-12(c))
v.
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DAVID HERRERA,
Defendant.
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Defendant David Herrera, proceeding pro se, removed this unlawful detainer civil
action from the Contra Costa County Superior Court alleging diversity jurisdiction under 28
U.S.C. § 1332 (c)(1). Plaintiff, the California Housing Finance Agency, filed the action on
November 22, 2011 seeking to evict Defendant from real property located at 570 Douglas
Drive, Brentwood, California 94513.
Northern District of California Local Rule 3-12(c) provides: Whenever a Judge
believes that a case pending before that Judge is related to another case, the Judge may refer
the case to the Judge assigned to the earliest- filed case with a request that the Judge assigned
to the earliest-filed case consider whether the cases are related.
In reviewing Defendant’s Notice of Removal and the related-filed documents, it has
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come to the Court’s attention that this action may be related to California Housing Authority
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v. Herrera, No. 12-00105-WHA. The earlier action also sought to remove the same unlawful
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detainer action filed against Defendant David Herrera in the Contra Costa County Superior
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Court. The basis for removal in that action was federal question jurisdiction. The Honorable
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Judge Alsup remanded that case back the Superior Court of California, County of Contra
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Costa on May 4, 2012. See California Housing Authority v. Herrera, No. 12-00105 WHA,
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Dkt. No. 20. In this action, Defendant seeks to remove the same unlawful detainer action
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concerning the same real property; however, this time he alleges diversity jurisdiction.1
Accordingly, pursuant to Local Rule 3-12(c) this action is referred to the Honorable
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Northern District of California
United States District Court
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William Alsup for a determination of whether this action is related to California Housing
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Authority v. Herrera, No. 12-00105-WHA.
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IT IS SO ORDERED.
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Dated: August 7, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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The Court notes that it does not appear that diversity jurisdiction exists because Plaintiff, the
California Housing Finance Agency, is state agency and thus a resident of California, and
Defendant is also a resident of California. (Dkt. No. 1, p. 2). Accordingly, the Court may
lack subject matter jurisdiction over this later filed action. See Valdez v. Allstate Ins. Co.,
372 F.3d 1115, 1116 (9th Cir. 2004).
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