Omnivest Corp. v. Johnny Acevedo, et al.

Summary

The United States District Court for the Eastern District of California sua sponte remanded this removed unlawful detainer action to the Sacramento County Superior Court for lack of subject matter jurisdiction. The court held that the complaint arose entirely under California law and that anticipated federal defenses or counterclaims could not support removal; it denied a defendant’s motion to proceed in forma pauperis as moot and directed the clerk to close the case.

Holdings

1. The district court lacked subject matter jurisdiction because the complaint pleaded only a California unlawful detainer claim and presented no federal question on its face.
2. A federal defense or counterclaim cannot form the basis for removal jurisdiction under the well-pleaded complaint rule.
3. Remand to the Sacramento County Superior Court was mandatory once the district court determined that federal subject matter jurisdiction was absent.

Questions Presented

1. Whether the federal district court had subject matter jurisdiction over the removed unlawful detainer action.
2. Whether a federal defense or counterclaim could provide a basis for removal jurisdiction.
3. Whether the defendant's motion to proceed in forma pauperis remained viable after remand.

Disposition

remanded