Bosco Credit v. Short

Background

Defendant Wilton Short removed Bosco Credit, LLC’s action from Contra Costa County Superior Court. The opinion states that Short was representing himself. Short moved to proceed without paying filing fees, and the court granted that motion.

Jurisdiction and Motions

The court previously issued an order to show cause asking why the case should not be remanded for lack of subject-matter jurisdiction, meaning the federal court lacked legal authority to hear the removed action. Short’s response sought dismissal of the action and his co-defendant, default judgment in his favor, and permission to file a cross-complaint. The court stated that, because subject-matter jurisdiction was absent, remand was the only available remedy. It therefore had no authority to dismiss claims on the merits or enter default judgment for either party.

The court also ruled that Short’s proposed cross-complaint could not create subject-matter jurisdiction. It explained that Bosco’s complaint was the only pleading that could properly provide grounds for removal in this case, and that federal jurisdiction could not depend on defenses or counterclaims. The court further noted that Short could not voluntarily dismiss defendant Tina Short because Short was not the plaintiff.

Disposition

The court remanded the case to Contra Costa County Superior Court. Short’s pending motions, identified as Docket Nos. 16, 20, and 22, were denied as moot. The court discharged the order to show cause. The order was issued by United States District Judge Rita F. Lin.