Mei-Hwa Hwang v. Robert Rios, Jr.
2:13-cv-05956
C.D. Cal.Aug 27, 2013Background
- Hwang sued Rios Jr. and Rios in California state court for unlawful detainer.
- Defendants filed a Notice of Removal to federal court and sought in forma pauperis status.
- The court denied in forma pauperis and held removal improper to defeat remand.
- The unlawful detainer complaint states an amount in controversy not exceeding $10,000.
- Defendants reside in California, the forum state, undermining diversity jurisdiction.
- Plaintiff’s claims do not present a federal question; FHA reliance is a defense, not jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal was proper due to lack of federal jurisdiction | Hwang argues no federal jurisdiction exists. | Rios argues federal question via FHA defenses. | Remand granted for lack of subject matter jurisdiction. |
Key Cases Cited
- Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545 U.S. 546 (U.S. 2005) (federal jurisdiction cannot be predicated on a defense)
- Vaden v. Discover Bank, 556 U.S. 49 (U.S. 2009) (federal jurisdiction cannot be predicated on an actual or anticipated defense)
- Valles v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005) (a federal-law defense to a state-law claim does not confer jurisdiction)