Opinion
CASE NO. 12-CV-01981 BEN (WVG)
10-18-2012
ORDER GRANTING PLAINTIFF'S
EX PARTE MOTION TO
REMAND AND DENYING
DEFENDANTS' MOTION TO
CONSOLIDATE CASES
[ECF Nos. 2, 3]
On August 9, 2012, Defendants removed this unlawful detainer action to federal court. ECF No. 1. Four days later, Defendants filed a motion to consolidate this case with a different case involving the same property, Ros v. Deutsche Bank Nat'l Trust Co., Case No. 3:12-cv-01929-BEN-WVG. ECF No. 2. Defendants assert that the Court has jurisdiction over this matter because the related cause of action involves a federal question. Plaintiff has filed an ex parte motion to remand the case to state court based on lack of jurisdiction. ECF No. 3.
"Only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant." Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). "Absent diversity of citizenship, federal-question jurisdiction is required." Id. "The presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Id.
The only claim for relief in this case is a state claim. See ECF No. 1-3. Accordingly, the Court lacks subject matter jurisdiction. To the extent Defendants' argument can be construed as a request for this Court to assert supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a), it is unpersuasive. Wescom Credit Union v. Dudley, No. CV 10-8203, 2010 WL 4916578, at *3 (C.D. Cal. Nov. 22, 2010) (noting that the supplemental jurisdiction statute "does not authorize supplemental jurisdiction over free-standing state law claims that are related to a separate action over which the court has jurisdiction").
Plaintiff's motion to remand is GRANTED, and the case is REMANDED to state court. Defendants' motion to consolidate is DENIED as moot.
IT IS SO ORDERED.
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HON. ROGER T. BENITEZ
United States District Judge