Buckelew Programs v. Van Zandt

Background

Buckelew Programs brought an unlawful-detainer action against Lawrence Van Zandt in Marin County Superior Court. Van Zandt, who was representing himself, removed the case to the U.S. District Court for the Northern District of California. He argued that the federal court had jurisdiction because the dispute was connected to the U.S. Department of Housing and Urban Development (HUD), including HUD’s Continuum of Care Program, and because he intended to raise federal claims and defenses.

Buckelew moved to remand, meaning to return the case to state court. Van Zandt opposed the motion and repeated his argument that the case involved federal questions. The court decided the motion without oral argument and vacated the hearing scheduled for May 8, 2025.

Jurisdiction and Remand

The court held that it did not have subject-matter jurisdiction over the removed unlawful-detainer action. Federal-question jurisdiction generally must appear on the face of the plaintiff’s properly pleaded complaint. A defendant’s federal defense does not provide a basis for removing a case to federal court.

Buckelew’s complaint was based on California’s unlawful-detainer statutes and did not present a federal question. The fact that Van Zandt’s lease was connected to HUD’s Continuum of Care Program did not transform the state-law unlawful-detainer action into a federal case. The court also explained that Van Zandt could not establish jurisdiction in the removed action by raising federal claims or defenses that did not appear in Buckelew’s complaint.

Other Requests and Disposition

Buckelew requested $1,792.50 in attorney fees under the federal remand statute. The court declined to award attorney fees. The court also stated that it did not need to address Van Zandt’s notice refusing to appear at proceedings he believed were improperly noticed or scheduled.

Judge William H. Orrick granted the motion to remand and remanded the case to Marin County Superior Court.