(UD)(PS) Yazdi v. Garcia ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Aminian Yazdi, Trustee of the Aminian Yazdi No. 2:24-cv-01311-KJM-CKD Trust, 12 ORDER B Plaintiff, 14 Vv. 15 Juan Garcia and Aracelia Olivares, 16 Defendants. 17 18 Plaintiff commenced this unlawful detainer action in state court under California law as a 19 | limited civil case in which the amount claimed does not exceed $10,000. See Compl. at □□□□ Ex. 20 | 1, ECF No. 1. Defendant Olivares, who is not represented by counsel, then removed the action to 21 | this court. Contrary to the notice of removal, the complaint asserts no federal claims, and the 22 | amount in controversy does not exceed $75,000. This court therefore lacks jurisdiction. See 23 | 28 US.C. § 1441(a) (removal jurisdiction); id. § 1331 (federal question jurisdiction); id. § 1332 24 | (diversity jurisdiction). 25 Defendant alleges in its notice of removal that this action involves a federal question. See 26 | Not. Removal at 4. As noted above, however, the complaint asserts no federal claims, and under ' All page ranges refer to the page numbers applied by the CM/ECF system at the top right of each page. 1 | the longstanding “well-pleaded complaint rule,” a suit “arises under” federal law “only when the 2 | plaintiff's statement of his own cause of action shows that it is based upon [federal law].” 3 | Louisville & Nashville R.R. Co. v. Mottley, 211 U.S. 149, 152 (1908). Federal question 4 | jurisdiction cannot rest upon an actual or anticipated defense or counterclaim. See Vaden v. 5 | Discover Bank, 556 U.S. 49, 60 (2009). 6 A federal district court may remand a case sua sponte if a defendant has not established 7 | federal jurisdiction. See 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears that 8 | the district court lacks subject matter jurisdiction, the case shall be remanded... .”); Enrich v. 9 | Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (citing Wilson v. Republic Iron & Steel 10 | Co.,257 U.S. 92, 97 (1921)). This action is therefore remanded to the state court. 1] IT IS SO ORDERED. 12 DATED: May 8, 2024. / / 13 4 CHIEF ED STATES DISTRICT JUDGE 45