Eugene Felder v. Billy Novikoff

I. INTRODUCTION & BACKGROUND

25 26 On January 24, 2023, Defendant Billy Tovar removed this unlawful detainer action 27 originally filed in Superior Court, County of Orange by Plaintiff Eugene Felder, asserting 28 -1- Case 8:23-cv-00149-CJC-KES Document Filed 03/02/ Page 2 of Page ID #:

federal question subject matter jurisdiction under 28 U.S.C. § 1331. (Dkt. 1 [“Notice of Removal”].) According to the Notice of Removal, a statutory basis for federal jurisdiction exists because Plaintiff’s claim raises a substantial federal issue related to the Protecting Tenants at Foreclosure Act of 2009 (“PTFA”), 12 U.S.C. § 5201. (Id. ¶ 9–11.) The PTFA is a federal law that provides certain protections to tenants during foreclosures, including a 90-day notice requirement. 7 II. DISCUSSION 9 A defendant may remove a civil action filed in state court to a federal district court if the federal court may exercise original jurisdiction over the action. 28 U.S.C. § 1441(b). A federal court can assert subject matter jurisdiction over cases that involve questions arising under federal law. 28 U.S.C. § 1331. An action arises under…