207 Seaside Partners LLC v. Andrew Knight

Summary

The United States District Court for the Central District of California sua sponte remands an unlawful detainer action to the Los Angeles County Superior Court for lack of subject matter jurisdiction. The court concludes that federal-question jurisdiction, removal under 28 U.S.C. § 1443, bankruptcy jurisdiction, and diversity jurisdiction are not established.

Holdings

1. The court lacked subject matter jurisdiction over the removed unlawful detainer action and was required to remand it to California state court.
2. Federal affirmative defenses do not create federal-question jurisdiction or make a state-court action removable.
3. The defendant failed to establish a basis for removal under either subsection of 28 U.S.C. § 1443.
4. The underlying unlawful detainer action did not arise under Title 11, so 28 U.S.C. § 1334 did not provide a basis for federal jurisdiction.
5. Diversity jurisdiction was not established because complete diversity and the amount-in-controversy requirement were lacking or inadequately alleged, and the action was a limited civil unlawful detainer proceeding not exceeding $25,000.

Questions Presented

1. Whether the federal district court had subject matter jurisdiction over the removed California unlawful detainer action.
2. Whether federal affirmative defenses could establish federal-question jurisdiction.
3. Whether removal was authorized under 28 U.S.C. § 1443.
4. Whether bankruptcy or diversity jurisdiction supported removal.
5. Whether the removing party's status and the allegations concerning citizenship and amount in controversy satisfied the requirements for removal.

Disposition

remanded