Avila La Paz Center LLC v. Anthony J. Jeremiah
2:19-cv-08834
C.D. Cal.
Oct 21, 2019
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AVILA LA PAZ CENTER LLC, v. ANTHONY J. JEREMIAH, et al.

CASE NUMBER: CV 19-8834 MWF (FFMx)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

October 21, 2019

JS-6

ORDER REMANDING CASE TO STATE COURT

The Court sua sponte REMANDS this action to the California Superior Court for the County of Los Angeles for lack of subjеct matter jurisdiction, as set forth below.

“The right of removal is entirely a creature of statute and ‘a suit commenced in a state court must remain there until cause is shown fоr its transfer under some act of Congress.‘” (quoting ). Generally, where Congress has acted to сreate a right of removal, those statutes are strictly construed against removal jurisdiction. ; ; .

Unless otherwise expressly provided by Congress, a defendant may remove “аny civil action brought in a State court of which the district courts of the United States have original jurisdiction.” 28 U.S.C. § 1441(a); . The removing defendant bears the burden ‍​‌​‌‌​‌​​​​​‌​​​​‌​‌​​​‌‌‌‌​​​​​​‌‌​​​​‌‌​​​‌​‌‌‍of establishing federal jurisdiction. ; . “Under the plain terms of § 1441(a), in order properly to remove [an] action pursuant to that provision, [the removing defendant] must demonstrate that original subject-matter jurisdiction lies in the federal courts.” . Failure to do so requires that the case be remanded, as “[s]ubject matter jurisdiction may not be waived, and ... the district court must remand if it lacks jurisdiction.” . “If at any time before finаl judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). It is “elementary that the subject matter jurisdiction of the district court is not a waivable matter and may be raised at anytime by one of the parties, by motion or in the responsive pleadings, or sua sponte by the trial or reviewing court.” .

From a review of the Notice of Removal and the state court records provided, it is evident that ‍​‌​‌‌​‌​​​​​‌​​​​‌​‌​​​‌‌‌‌​​​​​​‌‌​​​​‌‌​​​‌​‌‌‍the Court lacks subject mattеr jurisdiction over the instant case, for the following reasons.

☑ No basis for federal question jurisdiction has been identified:

  • ☑ The Complaint does not include any claim “arising under thе Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331.
  • ☑ Removing defendant(s) asserts that the affirmative defenses at issue give rise to federal question jurisdiction, but “the existence of federal jurisdiction depends solely on the plaintiff‘s claims for relief and not on anticipated defenses to those claims.” . An “affirmative defense based on federаl law” does not “render[] an action brought in state court removable.” . A “case mаy not be removed to federal court on the basis of a federal defense . . . еven if the defense is anticipated in the ‍​‌​‌‌​‌​​​​​‌​​​​‌​‌​​​‌‌‌‌​​​​​​‌‌​​​​‌‌​​​‌​‌‌‍plaintiff‘s complaint, and even if both pаrties admit that the defense is the only question truly at issue in the case.” .
  • ☐ Removing defendant(s) has not alleged facts sufficient to show that the requirements for removal under 28 U.S.C. § 1443 are satisfied. Section 1443(1) provides for the removal of a civil action filed “[a]gainst any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States . . . .” Even assuming that the removing defendant(s) has asserted rights provided “by explicit statutory enactment protecting equal racial civil rights,” (citation omitted), defendant(s) has not identified any “state statute or a constitutional provision that purports to сommand the state courts to ignore the federal rights” or pointed “to anything that suggests thаt the state court would not enforce [defendant‘s] civil rights in the state court proceedings.” (citation omitted); see also (holding that conclusionary statements lacking any factual basis cannot support removal under § 1443(1)). Nor does § 1443(2) provide any basis for removal, as it “confers a privilege of removal only upon federal officers or agents and those authorized to act with or for them in affirmatively ‍​‌​‌‌​‌​​​​​‌​​​​‌​‌​​​‌‌‌‌​​​​​​‌‌​​​​‌‌​​​‌​‌‌‍executing duties under any federal law providing for equаl civil rights” and on state officers who refuse to enforce discriminatory state laws. .
  • ☑ Thе underlying action is an unlawful detainer proceeding, arising under and governed by the laws of the State of California.
  • ☐ Removing defendant(s) claims that 28 U.S.C. § 1334 confers jurisdiction on this Court, but the underlying action does not arise under Title 11 of the United States Code.

☑ Diversity jurisdiction is lacking, and/or this case is not removable on that basis:

  • ☐ Every defendant is not alleged to be diverse from every plaintiff. 28 U.S.C. § 1332(a).
  • ☑ Thе Complaint does not allege damages in excess of $75,000, and removing defendant(s) ‍​‌​‌‌​‌​​​​​‌​​​​‌​‌​​​‌‌‌‌​​​​​​‌‌​​​​‌‌​​​‌​‌‌‍has not plausibly alleged that the amount in controversy requirement has been met. ; see .
  • ☑ The undеrlying unlawful detainer action is a limited civil action that does not exceed $25,000.
  • ☑ Removing defendant(s) is a citizen of California. 28 U.S.C. § 1441(b)(2).

☐ Other:

IT IS THEREFORE ORDERED that this mаtter be, and hereby is, REMANDED to the Superior Court of California listed above, for lack of subject matter jurisdiction.

IT IS SO ORDERED.

Date: October 21, 2019

United States District Judge

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