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Federal National Mortgages Association v. Tapia

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 5, 2013

FEDERAL NATIONAL MORTGAGES ASSOCIATION
v.
TAPIA

The opinion of the court was delivered by: The 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 Orange

On March 27, defendant Armando Tapia ("Tapia") removed this case from the Superior Court of the State of California for the County of Orange. (Notice of Removal, Docket No. 1.) Tapia sets forth various jurisdictional statutes (Notice of Removal, pp. 1-2), but they all relate to the counterclaims which he asserts in his Notice. However, 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.

There is no basis for jurisdiction under the diversity statute, 28 U.S.C. § 1332, because it is apparent that the amount of relief sought is less than the jurisdictional minimum of $75,000. The face of the underlying unlawful detainer complaint states that the amount of claimed damages is less than $10,000. Indeed, all that is sought is rent.

The jurisdictional statute with regard to the Federal Home Loan Mortgage Corporation, 12 U.S.C. § 1452(f), is inapplicable because the plaintiff is the Federal National Mortgage Association, nor the Federal Home Loan Mortgage Corporation

The Court cannot discern any other basis for jurisdiction over the unlawful detainer action.

The case is remanded to the Superior Court of the State of California for the County of Orange for lack of jurisdiction.

20130405

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