Bermudez

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

I. INTRODUCTION

This motion resurrects the specter of “derivative jurisdiction,” which was a doctrine that required a federal court to dismiss a removed case if the state court originally lacked jurisdiction. Under the theory of “derivative jurisdiction,” a federal court’s jurisdiction derived from the state court’s jurisdiction. If the state court never had jurisdiction, the case was essentially void ab initio and the federal court was required to dismiss even if the case could originally have been filed in federal court.

Fortunately, Congress abolished the doctrine of “derivative jurisdiction” by statute in 1986. The defendant’s invocation of the doctrine of “derivative jurisdiction” is therefore inappropriate and indefensible, and the Court denies defendant’s motion. The doctrine of “derivative jurisdiction” is dead.

II. BACKGROUND

A. Plaintiff' Filed a $2000 Suit in Small Claims Court Against HUD

On November 16, 1999, Plaintiff Hollie Bermudez filed an action on her own behalf in Los Angeles County Small Claims Court. Plaintiff alleges that Defendant United States Department of Housing and Urban Development (“HUD”) has…