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Jpmorgan Chase National Association v. Guy J Roney et al.

February 2, 2012

JPMORGAN CHASE NATIONAL ASSOCIATION
v.
GUY J RONEY ET AL.



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

CIVIL MINUTES - GENERAL

LINK: 1

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

I. INTRODUCTION AND BACKGROUND

On December 5, 2011, Plaintiff JP Morgan Chase N.A. filed an unlawful detainer action against Defendants Guy J. Roney and Kathleen Joyce Roney in Riverside County Superior Court. (Docket No. 1, Not., Ex. A [Compl.].) The complaint alleges that Plaintiff purchased Defendants' real property in Telecula, CA at a lawful foreclosure sale on October 20, 2011, and that Defendants have refused to quit the premises. (Id. at ¶¶ 5--6.) Jeffrey Menish, a tenant at the property, intervened in the suit on January 3, 2011. (Docket No. 1, Prejudgment Claim of Right to Possession.)

Menish removed the action to this Court on January 13, 2012, invoking federal question jurisdiction pursuant to 28 U.S.C. § 1331. (Not. ¶¶ 6--11.) Because the Court concludes that the lawsuit does not arise under federal law, it REMANDS the case for lack of subject matter jurisdiction.

II. DISCUSSION

LEGAL STANDARD

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 ...


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