Romero

U.S. Bank National Association v. Romero

Good Law
United States District Court, Northern District of CaliforniaMay 11, 20203:20-cv-00404California415 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 U.S. BANK NATIONAL ASSOCIATION, Case No. 20-cv-00404-JD

Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION, AND

REMANDING CASE

JANETH M. ROMERO, Re: Dkt. No. 5 Defendant.

This is an unlawful detainer action filed by plaintiff U.S. National Bank Association against defendant Janeth Romero. Romero, representing herself, removed the case from state court. Dkt. No. 1. Magistrate Judge Laurel Beeler filed a report and recommendation concluding that Romero has “not established federal-question or diversity jurisdiction, and remand to state court thus is appropriate.” Dkt. No. 5. Romero filed an objection on the ground that “this matter brings forth a federal question as to whether a statute, that prohibits Defendant from bringing cross claims to protect her property interest, is constitutional.” Dkt. No. 6 at 3. But as Magistrate Judge Beeler determined, “the ‘well-pleaded complaint’ rule requires a federal question to be presented on the…

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