Opinion
SACV 22-01320-CJC(ADSx)
07-20-2022
UDR EIGHT80 I LP v. JANET CHANEY
PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE.
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING ACTION TO STATE COURT
Defendant seeks to remove this eviction proceeding to federal court, invoking this Court's federal question jurisdiction. Defendant states no cognizable basis for federal question jurisdiction. Instead, she makes a vague statement that the determination of a demurrer she filed in state court involves federal law. But it is axiomatic that a federal defense or counter-claim does not give rise to federal-question jurisdiction. Franchise Tax Bd. v. Constr. Laborers Vacation Trust for S. Cal., 463 U.S. 1, 14 (1983). The Court REMANDS this action to state court.