From Casetext: Smarter Legal Research

Deutsche Bank Nat'l Trust Co. v. Ros

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 18, 2012
CASE NO. 12-CV-01981 BEN (WVG) (S.D. Cal. Oct. 18, 2012)

Opinion

CASE NO. 12-CV-01981 BEN (WVG)

10-18-2012

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR DOWNEY 2004-AR2, Plaintiff, v. MARIA L. ROS, an individual, DAVID CRUZ, an individual, and Does 1 through 10, Defendants.


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.

_____________

HON. ROGER T. BENITEZ

United States District Judge


Summaries of

Deutsche Bank Nat'l Trust Co. v. Ros

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 18, 2012
CASE NO. 12-CV-01981 BEN (WVG) (S.D. Cal. Oct. 18, 2012)
Case details for

Deutsche Bank Nat'l Trust Co. v. Ros

Case Details

Full title:DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR DOWNEY 2004-AR2…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Oct 18, 2012

Citations

CASE NO. 12-CV-01981 BEN (WVG) (S.D. Cal. Oct. 18, 2012)

Citing Cases

Ros v. Deutsche Bank Nat'l Trust Co.

Mot. 3-5. Shortly after filing this Complaint, Plaintiff removed the still-pending unlawful detainer…