Kemp

Kemp and Jackson filed an action in the Municipal Court of Los Angeles Judicial District alleging that negligence of the defendants was the proximate cause of damage to their sloop and schooner in the sum of $438.50, and praying for judgment in that amount.

The defendant City of Los Angeles filed a petition for the removal of the case to the United States District Court “pursuant to § 1441(b) of Title 28 of the *68 United States Code”. § 1441(b) reads as follows:

If this is an action arising under the Constitution, treaties or laws of the United States, it may not be removed as the jurisdictional requirement of $10,-000.00, exclusive of interest and costs, is not present (see 28 U.S.C. § 1331 ). If it is not such an action, it may not be removed since at least one of the defendants (City of Los Angeles) is a citizen of the state in which the action is brought. See 28 U.S.C. § 1441 (b), supra. If the action is one in admiralty under 28 U.S.C. § 1333 it is not a case which “[arises] under the Constitution, treaties or laws of the United States” within the meaning of § 1441(b). Paduano v. Yamashita, 2 Cir., 221 F.2d 615 .

The City’s petition includes an allegation that the action…