Jose Mendoza v. Federal National Mortgage Association

MEMORANDUM

Federal National Mortgage Association (“Fannie Mae”) and Federal Home Loan Mortgage Corporation (“Freddie Mac”) appeal the district court’s sua sponte remand of these actions to the Los Angeles Superior Court more than six months after the case was removed pursuant to 28 U.S.C. §§ 1441 and 1442. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

1. We review “de novo a district court’s decision to remand a removed case and its determination that it lacks subject matter jurisdiction.” Lively v. Wild Oats Mkt., Inc., 456 F.3d 933, 938 (9th Cir.2006). The district court correctly determined that it had jurisdiction over the suits against Freddie Mac and Fannie Mae under 12 U.S.C. §§ 1452 (f) and 1723a(a), respectively. After concluding that it had subject matter jurisdiction, the district court nonetheless sua sponte remanded the actions because Fannie Mae and Freddie Mac had filed unlawful detainer actions involving the Appellees in the Los Angeles Superior Court. Appellees argue, with no support in the record, that these actions were remanded for lack of subject matter jurisdiction and that we thus lack jurisdiction over this appeal under 28 U.S.C. § 1447…