Aldea Homes Inc. v. Nole, 2:12-cv-02546

Removal of unlawful detainer from California state court on jurisdiction grounds; federal question and diversity argued but not sustained.
Plaintiffs Aldea Homes Inc. and TKR Properties, LLC filed the state court action; it concerns unlawful detainer.
Defendant Steven Nole removed the case to federal court alleging federal jurisdiction.
Complaint alleges Aldea is a California corporation; under 28 U.S.C. § 1332(c)(1) a corporate citizen is the state of incorporation.
Court must determine whether removal based on lack of subject matter jurisdiction is proper; sua sponte remand is permitted if jurisdiction is lacking.
Court remands to state court for lack of subject matter jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether diversity exists to support removal	Aldea is a California citizen	Nole asserts diversity exists	Diversity not proven; remand required.
Whether federal question removal applies	No federal question arises	Pooling and Service Agreement raises federal issue	No federal question jurisdiction; remand required.

Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 414 F. App’x 62 (9th Cir. 2011) (strong presumption against removal; burden on removing party)
Kelton Arms Condo. Owners Ass’n v. Homestead Ins. Co., 346 F.3d 1190 (9th Cir. 2003) (court may remand for lack of subject matter jurisdiction)
Takeda v. Nw. Nat’l Life Ins. Co., 765 F.2d 815 (9th Cir. 1985) (well-pleaded complaint rule; removal based on federal question improper)