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Nationstar Mortgage LLC v. Casear Morales

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 10, 2013

NATIONSTAR MORTGAGE LLC, PLAINTIFF,
v.
CASEAR MORALES, HUGO MORALES, MARIA RODRIGUEZ, JUAN MORALES, AND DOES 1--100, DEFENDANTS.

The opinion of the court was delivered by: Otis D. Wright, II United States District Judge

O

ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT

On May 8, 2013, Defendants, having been sued in what appears to be a routine unlawful-detainer action in California Superior Court, removed the matter to this Court. The Court REMANDS this case for lack of subject-matter jurisdiction.

Removal was improper here because Plaintiff's unlawful-detainer Complaint does not competently allege facts creating subject-matter jurisdiction. 28 U.S.C. § 1441(a); see Exxon Mobil Corp. v. Allapatah Servs., Inc., 545 U.S. 546, 563 (2005). First, this unlawful-detainer action does not give rise to a federal question. Galileo Fin. v. Miin Sun Park, No. 09-1660, 2009 WL 3157411, at *1 (C.D. Cal. Sept. 24, 2009) ("Here, the complaint only asserts a claim for unlawful detainer, a cause of action that is purely a matter of state law. Thus, from the face of the complaint, it is clear that no basis for federal question jurisdiction exists."); see also Hunter v. Philip Morris USA, 582 F.3d 1039, 1042--43 (9th Cir. 2009) ("It is settled law that a case may not be removed to federal court on the basis of a federal defense." (internal quotation marks omitted)). Second, the amount in controversy does not exceed the diversity jurisdiction threshold of $75,000. See 28 U.S.C. §§ 1332, 1441(b); Evans v. Superior Court, 67 Cal. App. 3d 162, 170 (1977) (noting that only possession-not title-is at issue in an unlawful-detainer action). And even if the amount in controversy were met, Defendants reside in the forum state and therefore cannot properly remove this action. 28 U.S.C. § 1441(b).

The Court therefore REMANDS this action to the Superior Court of California, Los Angeles County, 9425 Penfield Ave, Chatsworth, CA 91311, case number 12H00891. See 28 U.S.C.§ 1447(c).

IT IS SO ORDERED.

20130510

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