Andina Property LLC v. Fox

Background

Andina Property LLC originally filed an unlawful-detainer, or eviction, action in state court. Laura and Beth Fox removed the case to federal court based on federal-question jurisdiction, asserting that Andina had violated various federal statutes and regulations. Andina moved to remand, meaning to return the case to state court, arguing that the removal was untimely and that the federal court lacked jurisdiction.

Court’s Analysis

The court explained that federal-question jurisdiction generally exists when a federal issue appears on the face of the plaintiff’s properly pleaded complaint. A federal defense does not ordinarily create federal jurisdiction, even if the defense raises federal law.

The court concluded that unlawful detainer is a state-law claim and that no federal question appeared in Andina’s complaint. The Fox defendants’ allegations that Andina violated federal law were defenses to the state-law eviction claim and therefore did not establish federal-question jurisdiction. The court also noted that the defendants had not alleged diversity jurisdiction.

Ruling

The court found that it lacked subject-matter jurisdiction and granted Andina’s motion to remand. It ordered that the case be remanded to the Superior Court of California for the County of San Francisco and vacated the hearing set for November 22, 2019. Judge Joseph C. Spero issued the order.