Mission Capital Properties, Inc. v. Dominguez
3:17-cv-00993
S.D. Cal.May 17, 2017Background
- Plaintiff Mission Capital Properties filed an unlawful detainer (eviction) action in San Diego Superior Court against Sean and Paige Dominguez.
- Defendants removed the action to federal court asserting federal question jurisdiction under 28 U.S.C. §§ 1331 and 1441.
- The state-court complaint asserts only a single cause of action: unlawful detainer (a state-law claim) and requests damages at $70 per day starting March 7, 2017.
- The alleged daily damages, calculated through the order date, totaled $4,900—well below the $75,000 diversity threshold.
- The district court reviewed the complaint and removal notice and raised subject-matter-jurisdiction concerns sua sponte.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal question jurisdiction exists | Not expressly alleged in complaint; Plaintiff alleges only unlawful detainer | Defendants contended federal question jurisdiction under §§ 1331/1441 | No federal question jurisdiction; claim is purely state law |
| Whether diversity jurisdiction exists | Complaint alleges damages under jurisdictional threshold | Defendants implied removal might be proper (asserted jurisdiction in notice) | No diversity: amount in controversy <$75,000, no complete diversity shown |
| Whether removal was proper | N/A (Plaintiff filed in state court) | Defendants removed to federal court | Removal improper; remand required |
| Whether court should act sua sponte | N/A | N/A (court obligated to ensure jurisdiction) | Court sua sponte remanded for lack of subject-matter jurisdiction |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (federal courts have limited subject-matter jurisdiction)
- Luther v. Countrywide Home Loan Serv., L.P., 533 F.3d 1031 (9th Cir. 2008) (removal statutes construed narrowly against removal)
- Gaus v. Miles, Inc., 980 F.2d 564 (9th Cir. 1992) (strong presumption against removal; burden on removing party)
- Guglielmino v. McKee Foods Corp., 506 F.3d 696 (9th Cir. 2007) (if complaint alleges amount in controversy is below jurisdictional threshold, removing party must prove jurisdictional amount with legal certainty)