Watters v. Cannon

Background

Lady Benjamin Cannon removed Andrew Watters’s case from state court to federal court on March 31, 2023. Watters filed an emergency request to send the case back to state court on April 5, 2023, stating that a state-court trial was scheduled to begin on April 10, 2023.

Jurisdiction

The court explained that a defendant may generally remove a case from state court, but the federal court must have subject-matter jurisdiction, meaning legal authority to hear the case. The removing defendant bears the burden of showing that federal jurisdiction exists.

The court found that Cannon’s removal notice did not clearly explain why the case belonged in federal court. After reviewing the notice, the motion, and the complaint, the court concluded that the complaint presented no federal question on its face. The court also found no diversity jurisdiction because Cannon stated that she was a California citizen and Watters confirmed that he was also a California citizen. The court noted that it had previously adopted a recommendation remanding an identical case to state court for lack of jurisdiction.

Rulings

The court held that the state-law claims belonged in state court and that it lacked subject-matter jurisdiction. The motion to remand was GRANTED, and the case was ordered REMANDED to the California Superior Court for the County of San Francisco.

The court cautioned Cannon that she could not remove the case for a third time unless material circumstances changed, such as the parties no longer being citizens of the same state or Watters asserting claims presenting federal questions.

Because the court lacked jurisdiction, the Motion to Appoint Guardian ad Litem was DENIED. The Motion to Consolidate Cases was also DENIED. The defendant’s Application for Leave to Proceed in Forma Pauperis, meaning an application to proceed without paying filing fees, was GRANTED.