UDR Eight80 I LP v. Janet Chaney

Good Law
United States District Court, Central District of CaliforniaJuly 20, 20228:22-cv-01320California174 words

Opinion

Trial Court Opinion

Case 8:22-cv-01320-CJC-ADS Document Filed 07/20/ Page 1 of PaJge ISD #:2-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. SACV 22-01320-CJC(ADSx) Date: July 20, 2022

Title: UDR EIGHT80 I LP V. JANET CHANEY

PRESENT:

HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Rolls Royce Paschal N/A Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING ACTION TO STATE

COURT

Defendant seeks to remove this eviction proceeding to federal court, invoking this Court’s federal question jurisdiction. Defendant states no cognizable basis for federal question jurisdiction. Instead, she makes a vague statement that the determination of a demurrer she filed in state court involves federal law. But it is axiomatic that a federal defense or counter-claim does not give rise to federal-question jurisdiction. Franchise Tax Bd. v. Constr. Laborers Vacation Trust for S. Cal., 463 U.S. 1, 14 (1983). The Court REMANDS this action to…

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