County of Santa Clara v. Ranger

Background

The County filed a state-court complaint against Kelly Anne Ranger on October 8, 2021, seeking administrative penalties. The County alleged that Ranger owned a massage business and violated public-health orders addressing COVID-19 by refusing to wear face masks or require her clients to wear them.

Ranger was personally served with the summons and complaint on February 15, 2022. She filed a notice of removal on December 15, 2022, asserting federal-question jurisdiction. The County moved to remand, meaning it asked the federal court to return the action to state court.

Reasons for the ruling

The court granted the motion on two independent grounds.

First, the removal was untimely. Federal law generally requires a notice of removal to be filed within 30 days after service of the summons and complaint. Ranger filed her notice about ten months after service. The County filed its remand motion within 30 days after the removal notice, so the court granted remand based on the late filing.

Second, Ranger did not establish federal subject-matter jurisdiction, meaning the federal court lacked authority to hear this case. The complaint asserted two causes of action: one under the County’s Urgency Ordinance No. NS.9.291 and one under California Government Code section 25132. Neither claim presented a federal question on the face of the complaint. The court rejected Ranger’s argument that her federal constitutional-rights defense created federal jurisdiction because a federal defense cannot ordinarily provide a basis for removal.

Disposition

The court granted the County’s motion to remand, remanded the action to the Santa Clara County Superior Court, and directed the clerk to close the federal file. The court also vacated the scheduled hearing because it found the motion suitable for decision without oral argument.