Buckelew Programs v. Van Zandt

Summary

The United States District Court for the Northern District of California granted Buckelew Programs’ motion to remand an unlawful detainer action to Marin County Superior Court. The court held that the state-law unlawful detainer complaint did not present a federal question and that federal defenses or connections to HUD did not support removal jurisdiction.

Holdings

1. The court lacked subject-matter jurisdiction because Buckelew's complaint asserted only an unlawful-detainer claim under California law and did not present a federal question on its face.
2. A federal defense, or federal claims and defenses asserted by the defendant that do not appear on the face of the complaint, cannot establish federal-question jurisdiction for removal.
3. The court declined to award attorney fees to Buckelew despite granting remand.

Questions Presented

1. Whether a California unlawful-detainer action presented a federal question on the face of the complaint sufficient to support removal jurisdiction.
2. Whether federal claims or defenses asserted by the defendant, including claims or defenses related to HUD, could create federal-question jurisdiction.
3. Whether plaintiff was entitled to attorney fees incurred as a result of removal.

Disposition

remanded