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Federal National Mortgage Association v. Dwayne L. Hammond et al.

June 22, 2011

FEDERAL NATIONAL MORTGAGE ASSOCIATION
v.
DWAYNE L. HAMMOND ET AL.



The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Present: The Honorable GARY ALLEN FEESS

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

Plaintiff Federal National Mortgage Association ("Fannie Mae") filed this unlawful detainer action against Defendants Dwayne L. and Marcia M. Hammond in Riverside County Superior Court on May 11, 2011. (Docket No. 1, Not. of Removal, Ex. 1 [Compl.].) Javier Montes and Luz Valdez ("Tenants") later joined the action as defendants, claiming to be the Hammonds' "bona fide residential tenants" and contesting Fannie Mae's right to evict them from the foreclosed property. (Not. ¶¶ 3, 17.) On June 3, 2011, Tenants removed the action to this Court on the purported basis of federal-question jurisdiction. (Not. ¶ 5.)

Under Federal Rule of Civil Procedure 12(h)(3), "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). "[A] court may raise the question of subject matter jurisdiction, sua sponte, at any time during the pendency of the action . . . ." Snell v. Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002); see also United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 966 (9th Cir. 2004) ("Here the district court had a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not."). Thus, a court may remand a case sua sponte for lack of subject matter jurisdiction. Scofield v. Ball, No. 11-0378, 2011 WL 830104, at *1 (S.D. Cal. Mar. 4, 2011) (citing Franklin v. Murphy, 745 F.2d 1221 (9th Cir. 1984)).

When a case is removed, "jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 11-00867 GAF (OPx)

Date June 22, 2011

Federal National Mortgage Association v. Dwayne L. ...


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