HSBC Bank USA, National Association v. Vien Phuog Ho

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HSBC BANK USA, NATIONAL Case No. 2:24-cv-04721-SB-KS

ASSOCIATION,

Plaintiffs, v. ORDER REMANDING CASE

VIEN PHUONG HO,

Defendant.

Plaintiff HSBC Bank USA, National Association filed an unlawful detainer action in state court. Dkt. No. 1. Alfred McZeal, Jr, proceeding pro se, removed the case to this Court under 28 U.S.C. § 1441(a), asserting federal-question and diversity jurisdiction. Id. Federal courts have an “independent obligation to determine whether subject-matter jurisdiction exists” and may sua sponte consider whether a defendant has properly removed based on federal question jurisdiction. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006); see also OWB, REO, LLC v. Negrete, 11- CV-1377, 2011 WL 1667916, at *1 (N.D. Cal. May 3, 2011) (remanding an unlawful detainer case upon review of an IFP application because the complaint lacked federal question jurisdiction). Under 28 U.S.C. § 1441(a), a defendant may remove “any civil action brought in a State court of which the district courts . . . have original jurisdiction.” District courts have original jurisdiction over all…