UNITED STATES DISTRICT COURT JS-6 / REMAND

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 20-11788-DMG (MAAx) Date January 6, 2021

Title Pur Americana LLC v. Elizabeth George Page 1 of 2

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER REMANDING ACTION TO LOS ANGELES

COUNTY SUPERIOR COURT

On February 26, 2020, Plaintiff Pur Americana LLC filed an unlawful detainer action in the Superior Court of California, County of Los Angeles against Defendant Elizabeth George. Notice of Removal, Ex. A (“Compl.”) [Doc. # 1]. On July 10, 2020, George filed an answer, and on December 29, 2021, George filed a notice of removal to federal court, asserting federal question jurisdiction based on her Answer. Id. at ¶ 8.

It is axiomatic, however, that federal jurisdiction cannot rest upon an actual or anticipated defense. See Vaden v. Discover Bank, 556 U.S. 49 (2009). “The presence or absence of federal- question jurisdiction is governed by the ‘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.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). That is not the case here, where the Complaint itself raises no federal question.

Nor does the Complaint reveal a basis for diversity jurisdiction. The Complaint states that the amount of damages sought by Plaintiff is past-due rent of $1,686, the fair rental value of the premises of $55.43 per day, and attorneys’ fees. Compl. at 7-8. This is well below the $75,000 amount-in-controversy jurisdictional threshold for diversity jurisdiction. See 28 U.S.C. § 1332(a).

Moreover, it appears that Defendant George’s notice of removal is untimely. A defendant must file notice of removal within 30 days after “receipt by the defendant . . . of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based.” 28 U.S.C. § 1446(b). The Complaint was filed on February 26, 2020, and George’s notice of removal was not filed until December 29, 2020, nine months after the 30-day deadline had passed.

UNITED STATES DISTRICT COURT JS-6 / REMAND

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 20-11788-DMG (MAAx) Date January 6, 2021

Title Pur Americana LLC v. Elizabeth George Page 2 of 2

In light of the foregoing, this case is hereby REMANDED to Los Angeles County Superior Court for lack of subject matter jurisdiction.

IT IS SO ORDERED.