Campbell

Phillip Campbell v. Milous James Ivory

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20263:25-cv-10569California611 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PHILLIP CAMPBELL, Case No. 25-cv-10569-JSC

Plaintiff,

ORDER REMANDING CASE

v. 9 Dkt. No. 7 MILOUS JAMES IVORY, Defendant.

12 Defendant, proceeding without attorney representation, removed this unlawful detainer action to federal court and invoked federal subject matter jurisdiction under 28 U.S.C. §§ 1441, 1446. (Dkt. No. 1.) Defendant bases removal on federal question jurisdiction, but the removed complaint makes only a state-law claim for unlawful detainer. The Court therefore ordered Defendant to, by January 12, 2026, show cause as to why this action should not be remanded to state court for lack of subject matter jurisdiction. (Dkt. No. 7.) Defendant has not responded. A defendant may remove an action from state court to federal court so long as the federal court has original jurisdiction. See 28 U.S.C. § 1441(a). Federal subject matter jurisdiction under 28 U.S.C. § 1332(a)(1) requires complete diversity of citizenship and an amount in controversy in 22 …

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