The opinion of the court was delivered by: The Honorable Margaret M. Morrow
Present: The Honorable MARGARET M. MORROW
Deputy Clerk Court Reporter
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: Order to Show Cause Why Action Should Not Be Remanded For Lack of Federal Question
On August 4, 2011, plaintiffs filed this complaint for an unlawful detainer.*fn1 The complaint alleges that plaintiff, Federal National Mortgage Association, is entitled to possession of a parcel of real property located at 5840 Haas Avenue, Los Angeles, CA 90047, after purchasing the property following a foreclosure sale pursuant to a deed of trust executed by defendant.
Defendant Veleda E. Brooks is currently in possession of the premises, and is the former trustor. She allegedly defaulted under the terms of the deed of trust that secured the property, and a trustee's sale was subsequently held.*fn2 The complaint prays for restitution of the property, as well as damages in an amount to be determined at trial.
The defendant removed this action, invoking the court's federal question jurisdiction. Defendant contends that federal question is invoked because she filed a demurrer to the Complaint for failure to comply with 12 U.S.C. §5220, the Protecting Tenants at Foreclosure Act.*fn3
A. Federal Question Jurisdiction
Under 28 U.S.C. § 1331, the district courts "have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States" (emphasis added). Federal question jurisdiction is presumed absent unless defendants, as the party seeking to invoke this court's jurisdiction, McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936), show that plaintiffs have either alleged a federal cause of action, American Well Works Co. v. Layne & Bowler , 241 U.S. 257, 260 (1916) ("a suit arises under the law that creates the action"), a state cause of action that turns on a substantial dispositive issue of federal law, Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 9 (1983); Smith v. Kansas City Title & Trust Co., 255 U.S. 180, 199 (1921), or a state cause of action that Congress has transformed ...