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HSBC Bank USA, National Association As Identure Trustee v. Urena

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 3, 2009

HSBC BANK USA, NATIONAL ASSOCIATION AS IDENTURE TRUSTEE
v.
ALONDRA URENA, ET AL.

The opinion of the court was delivered by: Honorable Stephen G. Larson, U.S. District Judge

CIVIL MINUTES -- GENERAL

Cindy Sasse None Present

PROCEEDINGS: ORDER REMANDING CASE

The present action was improperly removed and the Court lacks subject-matter jurisdiction over it; accordingly, the Court REMANDS this case to San Bernardino Superior Court.

Federal courts are courts of limited jurisdiction, having subject-matter jurisdiction only over matters specifically authorized by Congress or the Constitution. Kokkonen v. Guardian Life Ins. , 511 U.S. 375, 377 (1994). As the proponent of the Court's jurisdiction, the removing defendant bears the burden of establishing it. Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676, 685 (9th Cir. 2006).

Although the Notice of Removal states that a claim in the present action arises under federal law, a review of the complaint reveals that it is a straightforward unlawful detainer action proceeding under state law to which the removing defendant intends to assert a federal defense.

Notice of Removal at 2 ("The grounds for such removal is being based on claims 'arising under' FEDERAL LAW[.] Namely, as to Federal Jurisdiction resulting from [defendant's] Discovery Request and Demands for: 'THE ORIGINAL BLUE INKED PROMISSORY NOTE'"). However, the assertion of a federal defense to a state-law claim does not convert the state-law claim into one "arising under" federal law for purposes of federal-question jurisdiction. See Moore-Thomas v. Alaska Airlines, Inc., 553 F.3d 1241, 1244 (9th Cir. 2009) (setting forth the so-called "well-pleaded complaint rule"). Therefore, the Court has no federal question jurisdiction. See 28 U.S.C. § 1331 (conferring on federal courts subject-matter jurisdiction over cases arising under federal law).

There is no evidence that petitioner and respondents are citizens of different states; to the contrary, the Notice of Removal states that both are residents of the State of California. Moreover, although defendant states that he "believes" the amount in controversy exceeds $75,000, this belief is unfounded, as the complaint expressly limits the amount in controversy to less than $10,000. In order to invoke the Court's diversity jurisdiction, the defendant must show that he and the plaintiff are not residents of the same state, and that the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332 (setting forth requirements for diversity jurisdiction).

In the absence of subject-matter jurisdiction, this Court is empowered to sua sponte order summary remand of the action. See 28 U.S.C. § 1446(c)(4) (requiring district courts to examine notices of removal and their exhibits and authorizing summary remand in appropriate circumstances); 28 U.S.C. § 1447(c) (requiring district courts to remand cases if it appears, at any time before final judgment is entered, that the court lacks subject-matter jurisdiction).

Accordingly,

HEREBY REMANDS the present action to the San Bernardino Superior Court.

The Clerk shall close the case.

IT IS SO ORDERED.

20090903

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