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Hbsc Bank, Usa, National Association v. Truong

April 5, 2013

HBSC BANK, USA, NATIONAL ASSOCIATION
v.
TRUONG



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 Orange

On April 2, 2013, defendants Peter Truong et al. (collectively "Truong") removed this case from the Superior Court of the State of California for the County of Orange. (Notice of Removal, Docket No. 1.) Truong removes this case pursuant to the diversity statute, 28 U.S.C. § 1332. (Notice of Removal, ¶ 3.)

Assuming complete diversity of citizenship exists among the parties, there is no basis for diversity jurisdiction under 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 other jurisdictional statutes cited by Truong relate to the counterclaims which he asserts. (Notice of Removal, ¶¶ 8-9.) 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 Board of State of Cal. v. Construction Laborers Vacation Trust, 643 U.S. 1, 10 (1983); Ford Truck Sales, Inc. v. Ford Motor Co., 145 F.3d 320, 326-27 (5th Cir. 1998). There is no basis for federal question jurisdiction.

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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