Tseng

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 SARIA TSENG, Case No. 20-cv-00932-NC 11 Plaintiff, ORDER TO SHOW CAUSE RE: SUBJECT MATTER v. JURISDICTION 13 JOEY GOGUE, et al., 14 Defendants. 15 16 Plaintiff Saria Tseng sued defendants Joey and Miriam Gogue in Santa Clara County Superior Court for unlawful detainer. See Dkt. No. 1. Defendants removed Tseng’s lawsuit citing the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601 et seq., as the basis for federal question jurisdiction. In particular, Defendants claim that Tseng violated the FHA by discriminating against them. See Dkt. No. 1 ¶¶ 9–25. Defendants’ notice of removal, however, contains two defects. First, it is well- settled that for removal jurisdiction, the federal question must be presented by the plaintiff’s complaint. See Jasper v. Maxim Integrated Prods., Inc., 108 F. Supp. 3d 757, 765 (N.D. Cal. 2015) (“[F]ederal question jurisdiction exists only when ‘a federal question is…