Opinion
CV 21-9533-DMG (AFMx)
02-06-2022
City of Los Angeles v. Homeless Free America, et al.
Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES-GENERAL
Proceedings: IN CHAMBERS-ORDER REMANDING ACTION TO THE LOS ANGELES COUNTY SUPERIOR COURT
On December 14, 2021, the Court ordered pro se Defendant Louis Hollingsworth to show cause why this unlawful detainer action should not be remanded to the Los Angeles County Superior Court for lack of subject matter jurisdiction. [Doc. # 8.] Hollingsworth filed a Response on December 28, 2021, in which he appears to assert various counterclaims under 42 U.S.C. section 1983. [Doc. # 9.] But federal questions raised in a counterclaim do not confer subject matter jurisdiction-the federal question must appear on the face of the plaintiff's well-pleaded complaint. Takeda v. Nw. Nat. Life Ins. Co., 765 F.2d 815, 821 (9th Cir. 1985). Hollingsworth also contends that the property at issue is federal land. This again is a defense, because Plaintiff the City of Los Angeles alleges that it owns the land.
Accordingly, the Court REMANDS this action to the Los Angeles County Superior Court for lack of subject matter jurisdiction.
IT IS SO ORDERED.