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Lolina M. Porter v. Vahic Babkhanlou and Maryam Babkhanlou

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 6, 2011

LOLINA M. PORTER,
PLAINTIFF,
v.
VAHIC BABKHANLOU AND MARYAM BABKHANLOU, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER REMANDING CASE

Plaintiff initiated this unlawful detainer action against Defendants on August 30, 2010 in Los Angeles Superior Court. Defendants removed to this court on November 24, 2010. Defendants assert that a federal question exists due to Plaintiff's violation of the Protecting Tenants at Foreclosure Act ("PTFA"), 12 U.S.C. §§ 5201, 5220. Though Defendants may be able to raise a defense under the PTFA, federal question jurisdiction is governed by the "well-pleaded complaint" rule, and cannot be predicated on the existence of a federal defense. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S. Cal., 463 U.S. 1, 14 (1983); See also Detsche Bank Trust Co. v. McNulty, 2011 WL 586970 (D.Nev. 2011). Plaintiff's unlawful detainer complaint raises issues solely of state law, meaning that there is no federal question jurisdiction. 28 U.S.C. § 1331. *fn1

Accordingly, the court REMANDS this case to state court.

IT IS SO ORDERED.


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