Free Order Remanding Case - District Court of California - California

Case 4:08-cv-03822-CW

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1 2 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Danilo Igtanloc removed this case to federal court. In his notice of removal, Defendant alleges that this Court has both diversity jurisdiction and federal question jurisdiction over this case. Plaintiff filed this unlawful detainer action based on v. DANILO IGTANLOC, Defendant, / US BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR JPM ALT 2006-A1, Plaintiff, No. C 08-3822 CW ORDER REMANDING CASE TO STATE COURT IN THE UNITED STATES DISTRICT COURT

Defendant's refusal to vacate after his home was foreclosed upon and sold to Plaintiff pursuant to California Civil Code § 2294. Defendant alleges that the Court has diversity jurisdiction because Plaintiff is a corporation with its principal place of business in Minnesota and he is a citizen of California. Defendant

further argues that the amount in controversy exceeds $500,000, the value of the property. However, this unlawful detainer action does

not concern the actual transfer of Defendant's property to Plaintiff. Rather, as Plaintiff alleges in its complaint, the

amount in controversy is based on the reasonable rental value of the property. Defendant also alleges that this Court has federal question

Case 4:08-cv-03822-CW

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

jurisdiction based on his assertion that the foreclosure violated his rights under the United States Constitution and various federal statutes. As stated above, this case does not concern the Moreover, even if Defendant were able to

underlying foreclosure.

challenge the fairness of the foreclosure in this action, federal question jurisdiction would not exist. Federal question

jurisdiction arises only from the face of a well-pleaded complaint, not the defenses or counterclaims alleged by Defendant. Takeda v.

Northwestern Nat'l Life Ins. Co., 765 F.2d 815, 821-22 (9th Cir. 1985). For the foregoing reasons, the Court REMANDS this case to the Contra Costa County Superior Court. IT IS SO ORDERED. Dated: 8/12/08 CLAUDIA WILKEN United States District Judge

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Case 4:08-cv-03822-CW

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1 2 3 US BANK, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-03822 CW CERTIFICATE OF SERVICE DANILO IGTANLOC et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Danilo Igtanloc 2370 Tamalpais Ave. Brentwood, CA 94513 Earl Robert Wallace Ruzicka & Wallace LLP 16520 Bake Parkway Suite 280 Irvine, CA 92618 Dated: August 12, 2008 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 12, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.