Kishore K. Tangirala v. Wendy Espinoza

Summary

The United States District Court for the Central District of California issues an order to show cause regarding subject matter jurisdiction in a removed unlawful detainer action. The court explains that unlawful detainer claims arise under state law and orders the defendant to show cause why the case should not be remanded to Los Angeles County Superior Court.

Holdings

1. An unlawful detainer action is strictly within the province of state court and, when the complaint asserts only unlawful detainer, does not establish federal-question jurisdiction under 28 U.S.C. § 1331.

Questions Presented

1. Whether the federal district court had subject matter jurisdiction over a removed action asserting only a state-law unlawful detainer claim.
2. Whether defendants should be required to show cause why the action should not be remanded to Los Angeles County Superior Court.

Disposition

other