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Deutsche Bank National Trust Company v. Imber Ramirez Martinez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 7, 2011

DEUTSCHE BANK NATIONAL TRUST COMPANY
v.
IMBER RAMIREZ MARTINEZ, ET AL.

Proceedings: IN CHAMBERS-ORDER REMANDING ACTION TO RIVERSIDE COUNTY SUPERIOR COURT

The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Title

Present:

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

On September 27, 2010, Plaintiff Deutsche Bank National Trust Company ("Deutsche Bank") filed a verified complaint in Riverside County Superior Court against Defendant Imber Ramirez Martinez and Doe defendants 1 through 5 for unlawful detainer. Deutsche Bank seeks possession of real property and restitution for Plaintiff's use and occupancy of the property in the amount of $30 per day starting on September 15, 2010. (Compl. at 2-3.) Deutsche Bank demands less than $10,000 in damages. (Id. at 1.)

Defendant removed the case to this Court on December 29, 2010, on the basis of federal question and diversity jurisdiction. The complaint, however, raises no federal question. Although Defendant invokes federal statutes as an apparent defense or counterclaim, federal jurisdiction cannot rest upon an actual or anticipated defense or counterclaim. Vaden v. Discover Bank, __ U.S. __, 129 S.Ct. 1262, 1272, 173 L.Ed.2d 206 (2009). In addition, the amount in controversy appears well below the jurisdictional threshold.

On January 19, 2011, the Court ordered Defendant to show cause (the "OSC") by no later than January 26, 2011 why this action should not be remanded to state court. As of the date of this Order, Defendant has not filed a response to the OSC.

In light of the foregoing, this action is hereby REMANDED to Riverside County Superior Court.

IT IS SO ORDERED.

20110207

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