Osuna

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Manual OSUNA, Case No.: 24-cv-0330-AGS-AHG Plaintiff, ORDER DENYING MOTION AS

MOOT AND REMANDING CASE

v. Mireya SALINAS, et al., Defendants. 8 Alex Garcia has, without the assistance of an attorney, removed a state unlawful- detainer action purportedly under federal-question jurisdiction. He claims that this Court has jurisdiction under section 702(a) of the Protecting Tenants at Foreclosure Act. But that section of the PTFA “neither explicitly nor impliedly creates a private right of action” under federal law. Logan v. U.S. Bank Nat’l Assn., 722 F.3d 1163, 1169 (9th Cir. 2013). “The PTFA is framed in terms of ‘protections’ for tenants, suggesting that it was intended to provide a defense in state eviction proceedings rather than a basis for offensive suits in federal court.” Id. at 1173. So, “[t]o the extent any issues presented by the PTFA would come into play in the case, they would do so as a defense.” Missouri & Bundy Hous. L.P. v. Annette…