Bellwhether Renton Sage LLC v. Brin
2:25-cv-00946
| W.D. Wash. | May 28, 2025Background
- Plaintiff, Bellwhether Renton Sage, LLC, filed a state-law unlawful detainer (eviction) action against Defendant Darren Michael Brin in King County Superior Court.
- Brin, acting pro se, removed the case to federal court, asserting federal question jurisdiction based on alleged federal counterclaims and statutory violations.
- The federal court issued an order to show cause why the matter should not be remanded for lack of subject-matter jurisdiction.
- Brin argued that federal counterclaims and citations to federal statutes (such as the Federal Debt Collection Practices Act, misuse of Social Security number statutes, and civil rights violations) conferred federal jurisdiction.
- The court found that the plaintiff’s complaint stated only state-law claims and did not raise any federal questions on its face.
- The court remanded the matter to the state court, striking all pending motions as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal question jurisdiction exists | No federal claims present; only state-law eviction | Federal counterclaims create federal jurisdiction | No federal jurisdiction; removal not proper |
| Counterclaims can confer removal jurisdiction | Only the face of the complaint matters | Cites federal counterclaims/statutes (FDCPA, SSN misuse) | Counterclaims do not confer jurisdiction |
| 42 U.S.C. § 408(a)(8) creates a private right of action | No such cause of action in complaint | Plaintiff misused SSN, so federal claim exists | Statute is criminal, no private right of action |
| 42 U.S.C. §§ 1983/1985 claims against private party | No state action involved | Plaintiff’s conduct constitutes discrimination/state action | No basis for state action or required animus |
Key Cases Cited
- Takeda v. Nw. Nat’l Life Ins. Co., 765 F.2d 815 (9th Cir. 1985) (removal based on federal question must arise on the face of the complaint, not counterclaims)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (discusses when private conduct is attributable to the state for § 1983 liability)
- Sutton v. Providence St. Joseph Med. Ctr., 192 F.3d 826 (9th Cir. 1999) (reviewing circumstances in which private actors may be viewed as state actors under § 1983)
- Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263 (1993) (defining requirements for a conspiracy under § 1985, including discriminatory animus)