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Hsbc Bank Usa, National v. Araceli Arreola

June 12, 2012

HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR NAAC MORTGAGE PASS-THROUGH SERIES 2007-1, ITS ASSIGNEES AND/OR SUCCESSORS IN INTEREST
PLAINTIFF,
v.
ARACELI ARREOLA, VICTOR VALENZUELA, OFELIA S. VALENZUELA,
AND DOES 1-50, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Lucy H. Koh United States District Court For the Northern District of California United States District Judge

ORDER REMANDING UNLAWFUL CERTIFICATES, DETAINER ACTION TO SANTA CLARA COUNTY SUPERIOR COURT AND DENYING MOTION FOR SANCTIONS

Araceli Arreola, Victor Valenzuela, and Ofelia Valenzuela ("Defendants") have filed a 20 notice of removal of their Santa Clara County Superior Court unlawful detainer action to this 21 Court. See ECF No. 1. HSBC Bank USA ("Plaintiff") has moved to remand the case to state court 22 and seeks attorneys' fees because this is Defendants' second attempt to remove this action from 23 state court. ECF Nos. 5 & 16. The deadline to file a response has passed, and therefore Plaintiff's 24 motion is unopposed. See Civil L.R. 7-3(a). Pursuant to Civil Local Rule 7-1(b), the Court finds 25 that Plaintiff's motion is suitable for decision without oral argument. Accordingly, the motion 26 hearing and case management conference set for July 26, 2012 are VACATED. 27

A.Remand to State Court

2 lacks subject matter jurisdiction, the court must remand the action to state court. 28 U.S.C. 3 § 1447(c). The removing defendant bears the burden of establishing that removal is proper. See 4 Defendants allege, as the basis for removal, that this court has subject matter jurisdiction based on 6 both federal question jurisdiction and diversity jurisdiction. See Notice of Removal at 2, ECF No. 7

Federal courts have original jurisdiction over civil actions "arising under the Constitution,

9 laws, or treaties of the United States." 28 U.S.C. § 1331. A claim "arises under" federal law, if 10 based on the "well-pleaded complaint," the plaintiff alleges a federal claim for relief. Vaden v. 11

12 court discloses no federal statutory or constitutional question. An unlawful detainer cause of 13 action such as the one asserted here does not raise a federal question. See Litton Loan Servicing, 14

(citing Evans v. Superior Court, 67 Cal. App. 3d 162, 168 (1977) (remanding unlawful detainer 16 action to state court based on lack of federal question jurisdiction); Partners v. Gonzalez, 2010 17

U.S. Dist. LEXIS 95714, at * 2-3 (N.D. Cal. Aug. 30, 2010) (same). Moreover, it is well-settled 18 that a case may not be removed to federal court on the basis of a federal defense. See Franchise 19

Defendants' defenses or counterclaims to the unlawful detainer action are based on alleged 21 violations of federal law, those allegations do not provide a basis for federal jurisdiction. 22

23 one, Defendants have not established that the amount-in-controversy requirement is met. See 28 24

"[d]oes not exceed $25,000." See Complaint, ECF No. 5-1. Where, as here, a plaintiff specifically 26 alleges that the amount in controversy is less than the jurisdictional threshold, a defendant has the 27 burden of showing with legal certainty that the amount in controversy exceeds $75,000. See 28

In the case of a removed action, if it appears at any time before final judgment that the court Provincial Gov't of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087 (9th Cir. 2009). 5 1. 8

Discovery Bank, 129 S.Ct. 1262, 1271 (2009). A review of th e original complaint filed in state L.P. v. Villegas, 2011 U.S. Dist. LEXIS 8018, 2011 WL ...


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