Olmos
Olmos v. Residential Credit Solutions, Inc.
Opinion
Lead Opinion
Guilford, J.
ORDER GRANTING MOTION TO REMAND
The pending Motion to Remand focuses on determining the amount in controversy to establish diversity jurisdiction. Our founders created diversity jurisdiction in the federal courts to avoid interstate biases. See Padilla v. AT & T Corp., 697 F.Supp.2d 1156, 1157 (C.D.Cal.2009). This worthy goal comes at the cost of denying state trial and appellate courts the chance to determine matters of state law. Appropriately, federal courts must “‘jealously’ guard their own jurisdiction.” RDF Media Ltd. v. Fox Broad. Co., 372 F.Supp.2d 556, 560 (C.D.Cal.2005) (citing In re Mooney, 841 F.2d 1003, 1006 (9th Cir.1988)). The $75,000 threshold for diversity jurisdiction ensures that federal courts are not venues for “petty controversies” involving matters of state law. Erwin Chemerinsky, Federal Jurisdiction 328 (6th ed.2012) (citing S.Rep. No. 1830, 85th Cong., 2d Sess.) Many cases concerning California’s home finance laws are removed to federal court, almost never due to interstate bias, and these cases often require careful review about whether the $75,000 threshold has been met. Here, the threshold has not been met, and the case is therefore…