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Deutsche Bank National Trust v. Richard R. Perez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 12, 2012

DEUTSCHE BANK NATIONAL TRUST
COMPANY, PLAINTIFF,
v.
RICHARD R. PEREZ, DEFENDANT.

The opinion of the court was delivered by: Honorablelarryalanburns United States District Judge

ORDER REMANDING CASE

On February 24, 2011, Deutsche Bank filed an unlawful detainer action against Perez in San Diego Superior Court. On September 20, 2011, Perez removed the action to this Court under 28 U.S.C. § 1443, 28 U.S.C. § 1343, and 28 U.S.C. § 1441.

The Court is obliged to examine its own jurisdiction, sua sponte if necessary, B.C. v. Plumas Unified Sch. Dist., 192 F.3d 1260, 1264 (9th Cir. 1999), and to remand any removed action over which it lacks jurisdiction. 28 U.S.C. § 1447(c). "Where doubt regarding the right to removal exists, a case should be remanded to state court." Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003). Under the well-pleaded complaint rule, federal question jurisdiction only exists when the complaint is based on federal law; federal questions in defenses or counterclaims are insufficient. Vaden v. Discover Bank, 556 U.S. 49, 129 S.Ct. 1262, 1272, 1278 (2009). Deutsche Bank's complaint contains no federal claims; here, the only basis for removal offered by Perez is an alleged violation of his civil rights. He can assert those rights, however, in state court, which is the proper forum in which to adjudicate an unlawful detainer action. This case is therefore REMANDED. The hearing on Deutsche Bank's motion to remand scheduled for Monday, January 17 is vacated. This case is now closed.

IT IS SO ORDERED.

20120112

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