U.S. Bank Trust v. Bracken

1 Citing case

  1. Franks v. Franks

    Case No.: 3:17-CV-893-CAB-AGS (S.D. Cal. May. 4, 2017)   Cited 10 times
    Remanding unlawful detainer action for lack of subject matter jurisdiction where defendant asserted that plaintiff "allegedly violated the notice provisions of the [PTFA], and that the PTFA preempts Plaintiff's unlawful detainer action"

    "Indeed, federal courts have consistently rejected attempts to premise federal subject matter jurisdiction on the 90-day notice provision of the PTFA." U.S. Bank Trust, N.A. v. Bracken, No. 2:14-CV-1738-TLN-KJN, 2014 WL 3729563, at *3 (E.D. Cal. July 25, 2014) report and recommendation adopted, No. 2:14-CV-1738-TLN-KJN, 2014 WL 4197566 (E.D. Cal. Aug. 22, 2014). "Put simply, the existence of federal jurisdiction depends solely on the plaintiff's claims for relief and not on anticipated defenses to those claims."