Lee R. Harris v. Juliane Sabbagh

Summary

The court reassigns the removed unlawful detainer action to a district judge and recommends remand to Alameda County Superior Court. It concludes that the complaint raises only a California-law unlawful detainer claim and that the defendant's asserted federal defenses and requirements do not establish federal-question jurisdiction. The court also grants the defendant's application to proceed in forma pauperis.

Holdings

1. The complaint did not present a federal question or a substantial question of federal law because it asserted only a California unlawful detainer claim and did not reference the federal requirements identified by Defendant.
2. A defendant cannot create federal-question jurisdiction by asserting federal defenses, adding claims in a notice of removal, or relying on potential counterclaims.

Questions Presented

1. Whether the unlawful detainer complaint presented a federal question sufficient to support removal under 28 U.S.C. §§ 1331 and 1441.
2. Whether a defendant's asserted federal defenses, federal requirements, or potential counterclaims could create federal-question jurisdiction when the well-pleaded complaint asserted only a state-law unlawful detainer claim.
3. Whether the case should be remanded to state court.

Disposition

other