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Title Deutsche Bank National Trust, et al. v. Rhoda N. Daniel

April 2, 2012

TITLE DEUTSCHE BANK NATIONAL TRUST, ET AL.
v.
RHODA N. DANIEL



The opinion of the court was delivered by: The Honorable Andrew J. Guilford

CIVIL MINUTES - GENERAL

Present: The Honorable ANDREW J. GUILFORD

Lisa Bredahl Not Present

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: [IN CHAMBERS] ORDER REMANDING CASE FOR LACK

OF SUBJECT MATTER JURISDICTION

On February 15, 2012, Plaintiffs filed an unlawful detainer action against Defendant in Orange County Superior Court. Defendant, serving as her own counsel, filed a Notice of Removal ("Notice") on March 30, 2012. In the Notice of Removal, Defendant asserts that this Court has subject matter jurisdiction under 28 U.S.C. § 1331, which provides that "[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States." Defendant specifically claims that this case arises under the Protecting Tenants at Foreclosure Act of 2009 ("PTFA"), 12 U.S.C. §§ 5220 et seq.

This Court lacks subject matter jurisdiction over Plaintiffs' action for at least two reasons. First, federal questions conferring jurisdiction "must be disclosed on the face of the complaint, unaided by the answer or by the petition for removal." California ex rel. Lockyer v. Dynegy, Inc., 375 F.3d 831, 839 (9th Cir 2004) (quoting Gully v. First Nat'l Bank in Meridian, 299 U.S. 109, 112 (1936)). Because the federal statute here appears in Defendant's state court demurrer, and not in Plaintiffs' Complaint, Plaintiffs' action does not "aris[e] under" the PFTA. See 28 U.S.C. § 1331.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SACV 12-490 AG (SSx)

Date April 2, 2012

Title DEUTSCHE BANK NATIONAL TRUST, et al. v. ...


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