Shawna Davidson v. Kay's Cafe, Inc.

Good Law
United States District Court, Central District of CaliforniaOctober 18, 20235:23-cv-02061California405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SHAWNA DAVIDSON, Case No. 5:23-cv-02061-SB-SHK

Plaintiff,

v. ORDER TO SHOW CAUSE RE

SUBJECT-MATTER

KAY’S CAFE, INC. et al., JURISDICTION

Defendants.

Plaintiff Shawna Davidson, as Trustee of the James Stewart Davidson Trust, filed an unlawful detainer action in state court against her tenants, Defendants Kay’s Cafe, Inc., and Tony Shin. The complaint does not reference any federal law and specifies that Plaintiff’s demand does not exceed $10,000. Dkt. No. 1 at 7 of 48. Defendant Tony Shin, purportedly together with Chung Shin and Su Noh— who are not named in the unlawful detainer action but appear to reside at the same property—nevertheless removed the case pro se, invoking the Court’s federal question jurisdiction based on Chung Shin and Su Noh’s filing for bankruptcy, which they contend should have prevented the state court from issuing a writ of execution. Dkt. No. 1.

Federal courts are courts of limited jurisdiction, having subject-matter jurisdiction only over matters authorized by the Constitution and Congress. See, e.g., Kokkonen v. Guardian Life…

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