(UD)(PS) Hartono v. Lewis ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Agus Hartono, No. 2:22-cev-01151-KJM-DB 12 Plaintiff, ORDER 13 v. 14 Yolanda Lewis, 1S Defendant. 16 17 On July 5, 2022, defendant Yolanda Lewis, proceeding pro se, removed this unlawful 18 | detainer action from Sacramento County Superior Court. ECF No. 1. As explained below, the 19 | court remands the case to the Sacramento County Superior Court. 20 | I. LEGAL STANDARD 21 When a case “of which the district courts of the United States have original jurisdiction” is 22 | initially brought in state court, a defendant may remove it to federal court. 28 U.S.C. § 1441(a). 23 | There are two primary bases for federal subject matter jurisdiction: (1) federal question 24 | jurisdiction under 28 U.S.C. § 1331, and (2) diversity jurisdiction under 28 U.S.C. § 1332. 25 Under § 1331, district courts have federal question jurisdiction over “all civil actions 26 | arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Under 27 | the longstanding well-pleaded complaint rule, a suit “arises under” federal law “only when the 28 | plaintiffs statement of his own cause of action shows that it is based upon [federal law].” 1 Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 152 (1908). Federal question jurisdiction 2 cannot rest upon an actual or anticipated defense or counterclaim. Vaden v. Discover Bank, 3 556 U.S. 49, 60 (2009). 4 Under § 1332, district courts have diversity-of-citizenship jurisdiction where the amount 5 in controversy exceeds $75,000, and the parties are in complete diversity. 28 U.S.C. § 1332. 6 “Where it is not facially evident from the complaint that more than $75,000 is in controversy, the 7 removing party must prove, by a preponderance of the evidence, that the amount in controversy 8 meets the jurisdictional threshold.” Matheson v. Progressive Specialty Ins. Co., 319 F.3d 9 1089, 1090 (9th Cir. 2003) (per curiam). 10 A federal district court may remand a case sua sponte where a defendant has not 11 established federal jurisdiction. See 28 U.S.C. § 1447(c) (“If at any time before final judgment it 12 appears that the district court lacks subject matter jurisdiction, the case shall be remanded . . . .”); 13 Enrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (citing Wilson v. Republic 14 Iron & Steel Co., 257 U.S. 92, 97 (1921)). 15 II. DISCUSSION 16 Lewis’s notice of removal appears to assert the court has federal question jurisdiction 17 under § 1331. Lewis alleges plaintiff violated several federal statutes and international treaties. 18 ECF No. 1 at 3. Lewis also mentions admiralty law. Id. However, the plaintiff’s complaint filed 19 in state court asserts only a claim for unlawful detainer of real property, which is a matter of state 20 law. See id. at 14–27. As noted above, Lewis’s answer or counterclaim cannot serve as the basis 21 for federal question jurisdiction. Vaden, 556 U.S. at 60. Plaintiff is the master of the complaint 22 and may, as here, “avoid federal jurisdiction by pleading solely state-law claims.” Valles v. Ivy 23 Hill Corp., 410 F.3d 1071, 1075 (9th Cir. 2005). Because plaintiff’s complaint does not show 24 that it is based upon federal law, the court does not have federal question jurisdiction over the 25 action. 26 Neither does the court appear to have diversity jurisdiction. Plaintiff’s complaint seeks 27 possession of the premises and damages of $78.33 per day for each day from February 15, 2022 1 until the date of judgment. ECF No. 1 at 27. Because these damages are not likely to total more 2 than $75,000, the court cannot exercise diversity jurisdiction over the action. 3 III. CONCLUSION 4 For the foregoing reasons, the court has determined sua sponte that it lacks subject matter 5 jurisdiction, and thus remands the case to the Sacramento County Superior Court. Cf. Matheson, 6 319 F.3d at 1090 (“Where doubt regarding the right to removal exists, a case should be remanded 7 to state court.”). 8 IT IS SO ORDERED. 9 DATED: July 12, 2022.