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Federal National Mortgage Association v. A.L. Brewer and Su-Chih Brewer

July 17, 2012

FEDERAL NATIONAL MORTGAGE ASSOCIATION
v.
A.L. BREWER AND SU-CHIH BREWER



The opinion of the court was delivered by: Honorable James V. Selna

CIVIL MINUTES - GENERAL

Present: The Honorable James V. Selna

Karla J. Tunis Not Present Deputy Clerk Court Reporter

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (In Chambers)

Order Remanding Action to the Superior Court of the State of California for the County of San Bernardino

Defendants A.L. Brewer and Su-Chih Brewer ("Defendants") removed this action from Superior Court of the State of California for the County of San Bernardino. (Notice of Removal, Docket No. 1.) Defendants assert that this Court has subject matter jurisdiction over this action pursuant to 42 U.S.C. sections 1441 and 1443, and 42 U.S.C. sections 1981, 1983, and 1985. (Id.) The Court finds that it does not have jurisdiction over this case and thus remands it to the Superior Court of the State of California for the County of San Bernardino.

Discussion

Federal Question Jurisdiction

The Court must determine jurisdiction on the basis of the case removed. The underlying action is an unlawful detainer action. No federal claims are asserted. 28 U.S.C. § 1331. Federal defenses or federal counterclaims provide no basis to remove an action which does not otherwise establish federal jurisdiction. See Franchise Tax Board

State of Cal. v. Construction Laborers Vacation Trust, 643 U.S. 1, 10 (1983); Metro Truck Sales, Inc. v. Ford Motor Co., 145 F.3d 320, 326-27 (5th Cir. 1998). There is no basis for federal question jurisdiction.

Diversity Jurisdiction

There is no basis for diversity jurisdiction. Defendants live Upland, California, and are a California residents. (Notice of Removal, ¶ 3, Docket No. 1.) As California residents, Defendants are unable to remove this case to federal court pursuant to 28 U.S.C. section 1441(2). See 28 U.S.C. § 1441(2) (stating that a civil action removable solely on the basis of diversity jurisdiction cannot be removed if the defendant is a citizen of the State in which such action is brought). In any event, it is apparent that the amount of relief sought is less than the jurisdictional ...


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