RS Real Estate Plus v. Jaime R. Sanchez

I. Background

This case appears to be a routine unlawful detainer action and was originally filed in California state court. On May 22, 2024, Defendant removed this case to federal court, asserting federal question jurisdiction.

II. Legal Standard

“Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties.” 28 U.S.C. § 1441(b). Whether a claim arises under federal law for removal purposes is determined by the same “well-pleaded complaint rule,” which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint. See Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987); see Rivet v. Regions Bank of Louisiana, 522 U.S. 470, 475 (1998). “This rule makes a plaintiff the

CIVIL MINUTES – GENERAL

Case No. 8:24-cv-01100-DOC-ADSx Date: May 23, 2024 Page

Cir.2000). Thus, it is “settled law that a case may not be removed to federal court on the basis of a federal defense, including a…