Wells Fargo Bank v. Lamirande
Filing
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ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF JURISDICTION (Illston, Susan) (Filed on 8/16/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WELLS FARGO BANK,
United States District Court
For the Northern District of California
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No. C 12-4065 SI
Plaintiff,
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE REMANDED TO
STATE COURT FOR LACK OF
JURISDICTION
v.
MICHELE E. LAMIRANDE,
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Defendant.
/
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On August 2, 2012, pro se defendant Michele Lamirande removed this unlawful detainer action
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from state court. The notice of removal states that this action arises under federal RICO statutes because
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Wells Fargo has engaged in mortgage fraud. However, removal jurisdiction is subject to the well-
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pleaded complaint rule, meaning that the basis for removal jurisdiction must be evident from the face
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of the complaint. See Franchise Tax Bd. of California v. Construction Laborers Vacation Trust for So.
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California, 463 U.S. 1, 9-12 (1983) (discussing well-pleaded complaint rule). From the face of the
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complaint, this Court lacks jurisdiction because there are no federal claims alleged in Wells Fargo
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Bank’s unlawful detainer complaint.
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Accordingly, defendant is ORDERED TO SHOW CAUSE in writing no later than August 27,
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2012, why this case should not be remanded to the Superior Court for the County of San Mateo.1 If
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defendant asserts that removal was proper and this Court has jurisdiction, defendant must specifically
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Plaintiff has filed a motion to remand this case, and that motion is scheduled for a hearing on
September 21, 2012. The Court VACATES that hearing, and in lieu of filing an opposition to plaintiff’s
motion, defendant shall respond to this Order to Show Cause.
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identify the basis for jurisdiction.
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IT IS SO ORDERED.
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Dated: August 16, 2012
SUSAN ILLSTON
United States District Judge
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United States District Court
For the Northern District of California
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