KCM Brentwood, LLC v. Tinsley

Background

KCM Brentwood, LLC filed an unlawful-detainer action in Contra Costa Superior Court on December 5, 2022. Scott Tinsley, representing himself, removed the case to the U.S. District Court for the Northern District of California on March 2, 2023. Tinsley asserted that federal jurisdiction existed because of alleged violations of the Americans with Disabilities Act and the Fair Debt Collection Practices Act.

KCM Brentwood moved to remand, meaning to return the case to state court. Tinsley opposed the motion. The court determined the motion without a hearing under the court’s local rules.

Court’s analysis

A defendant may remove a state-court case only if the case could originally have been filed in federal court. Federal-question jurisdiction generally requires a federal question to appear on the face of the plaintiff’s complaint. An anticipated federal defense or counterclaim does not create federal-question jurisdiction.

The court held that an unlawful-detainer claim does not arise under federal law. KCM Brentwood’s state-court complaint contained only that claim and did not present a federal question. The court therefore concluded that it lacked jurisdiction to decide the case and that remand was required.

Ruling

The court granted KCM Brentwood’s motion to remand. It ordered KCM Brentwood to serve Tinsley with a copy of the order and file a certificate of service by August 25, 2023.