Wells Fargo Bank National Association v. Gomez
3:15-cv-00184
N.D. Tex.Jan 22, 2015Background
- Wells Fargo Bank National Association, as Trustee for Soundview Home Loan Trust 2007-OPT1, sues to recover possession of property in Coppell, Texas after non-judicial foreclosure.
- Defendants Jeffrey G. Gomez and all occupants were targets of a forcible detainer action; Dallas County Justice Court awarded possession to Wells Fargo.
- Gomez, proceeding pro se, removed the case to federal court alleging diversity jurisdiction and improper removal.
- The removal petition claimed Gomez is a Texas citizen and Wells Fargo is non-Texas; property value cited as FMV $550,030.
- Court sua sponte determined federal subject matter jurisdiction was lacking and recommended remand to state court.
- Key evidentiary data: foreclosure sale occurred November 4, 2014 for $609,000; no evidence presented that the right to occupy exceeded $75,000 for jurisdictional purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal subject matter jurisdiction exists | Gomez argues complete diversity and adequate amount in controversy. | Wells Fargo contends no federal jurisdiction; amount in controversy not proven. | No federal diversity or amount in controversy; remand required. |
| Whether the amount in controversy exceeds $75,000 | Gomez asserts property value supports >$75,000 as the right to occupy. | Wells Fargo argues FMV alone does not prove value of right to possess; insufficient evidence. | Amount in controversy not proven; jurisdiction lacking. |
| Whether removal complied with the forum-defendant rule | Gomez contends removal based on diversity. | Gomez’s removal violated the forum-defendant rule because Gomez is a Texas citizen. | Forum-defendant rule issue acknowledged but does not independently authorize sua sponte remand. |
Key Cases Cited
- Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (U.S. 1999) (court must assess subject-matter jurisdiction sua sponte)
- Caterpillar, Inc. v. Williams, 482 U.S. 386 (U.S. 1987) (jurisdictional limitations; presumption against federal jurisdiction)
- Shearer v. Sw. Serv. Life Ins. Co., 516 F.3d 276 (5th Cir. 2008) (burden on removing party to prove jurisdiction)
- Acuna v. Brown & Root, Inc., 200 F.3d 335 (5th Cir. 2000) (resolve doubts against federal jurisdiction)
- De Aguilar v. Boeing Co., 47 F.3d 1404 (5th Cir. 1995) (amount in controversy in removal cases; proof required)
- Wells Fargo Bank v. Jones, 733 F. Supp. 2d 741 (N.D. Tex. 2010) (evidence of market value not evidence of right to possess for removal purposes)
- In re Exxon Chem. Fire, 558 F.3d 378 (5th Cir. 2009) (forum-defendant rule context; procedural defect)