Fairfield Bayside, LLC v. Thierry
- Susan Illston
- 3:24-cv-05508
- U.S. District Court · Northern District of California
- 2
In Fairfield Bayside v. Thierry, Judge Illston remanded the case because federal jurisdiction was lacking and dismissed Chasya Thierry’s fee-waiver application as moot.
Fairfield Bayside, LLC and the defendants were affected because the case was returned to Contra Costa County Superior Court. Chasya Thierry’s application to proceed without prepaying the filing fee was dismissed as moot, and the court stated that no filing fee was due.
What happened
Fairfield Bayside, LLC v. Thierry began in Contra Costa County Superior Court as an unlawful-detainer case. Chasya Thierry, Julienne Thierry, and Clarence Thierry moved the case to federal court, arguing that federal-question jurisdiction existed; Chasya Thierry later also referred to diversity jurisdiction and the complexity of the issues. The defendants did not file the amended removal notice the court allowed them to submit.
A magistrate judge recommended sending the case back to state court because the complaint raised a state-law claim and the defendants’ federal-law arguments appeared only as a defense. No party objected to that recommendation. The court independently reviewed the filings and agreed that federal subject-matter jurisdiction was lacking.
Judge Susan Illston adopted the recommendation in full and remanded the case to Contra Costa County Superior Court. The court also dismissed Chasya Thierry’s application to proceed without prepaying the filing fee as moot and stated that no filing fee was due.
The detailed version
- Fairfield Bayside, LLC v. Thierry · No. 3:24-cv-05508
- Susan Illston
- Dec. 3, 2024
Background
Chasya Thierry, Julienne Thierry, and Clarence Thierry removed the case from Contra Costa County Superior Court to federal court. They asserted federal-question jurisdiction and applied for permission to proceed without prepaying the filing fee. After the court questioned whether federal subject-matter jurisdiction existed, Chasya Thierry argued for federal review based on diversity jurisdiction and the complexity of the issues. The defendants did not file the amended notice of removal that the court permitted.
Report and Recommendation
Magistrate Judge Alex Tse recommended remanding the case to state court. The recommendation explained that removal must be based on the complaint itself, not on a federal-law affirmative defense. The opinion states that the original complaint asserted an unlawful-detainer claim under state law. No objections to the recommendation were received.
Ruling
The court independently reviewed the filings and agreed that federal subject-matter jurisdiction was lacking. It concluded that the defendants had not properly asserted diversity jurisdiction beyond a conclusory statement and could not establish federal-question jurisdiction under 28 U.S.C. § 1331 when the federal-law issue appeared only in an affirmative defense rather than in the original complaint.
Judge Susan Illston adopted the Report and Recommendation in full. The case was remanded to Contra Costa County Superior Court. The court also dismissed Chasya Thierry’s application to proceed without prepaying the filing fee as moot and stated that no filing fee was due.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.