Barrie v. Fiorentino

Background

Susan Barrie, Christopher Grossman, and Open Door, LLC sued Virginia Fiorentino for unlawful detainer in the California Superior Court for Santa Clara County. The plaintiffs alleged that they purchased the residential property at a trustee’s sale after foreclosure proceedings, served Fiorentino with a three-day quit notice, and filed the state-court action after she remained in possession after the notice expired. The complaint sought damages of $117 per day from August 17, 2020, until possession was returned or judgment was entered, whichever came first.

Fiorentino, who was representing herself, removed the case to federal court and asked to proceed without paying filing fees. In her removal papers, she referred to counterclaims involving alleged violations of the federal Fair Debt Collection Practices Act. She asserted that federal jurisdiction existed under both federal-question and diversity jurisdiction. The plaintiffs moved to remand, meaning to return the case to state court. Fiorentino did not oppose the motion.

Federal-Question Jurisdiction

The court held that federal-question jurisdiction was absent. Federal-question jurisdiction generally depends on whether a federal issue appears on the face of the plaintiff’s properly pleaded complaint. The plaintiffs’ complaint asserted only an unlawful-detainer claim and did not assert a claim arising under federal law. The court explained that an actual or anticipated defense, or a defendant’s counterclaim, cannot supply federal-question jurisdiction. Therefore, Fiorentino’s reference to the Fair Debt Collection Practices Act did not allow removal.

Diversity Jurisdiction

The court also held that diversity jurisdiction was absent. The opinion states that all parties were citizens of California, so the parties were not citizens of different states. The court further concluded that the amount-in-controversy requirement was not met. At $117 per day, the case would have needed to continue for nearly two years to reach the $75,000 threshold.

Disposition

Because the federal court had no basis for exercising subject-matter jurisdiction, the court granted the plaintiffs’ motion to remand the case to the California Superior Court for Santa Clara County. The court also denied as moot Fiorentino’s motion to proceed without paying filing fees. Judge Lucy Koh signed the order on December 7, 2020.