ORDER SUMMARILY REMANDING IMPROPERLY REMOVED ACTION
JOSEPHINE L. STATON, District Judge.
The Court will summarily remand this unlawful detainer action to state court because Defendant removed it improperly.
On June 7, 2017, Michael Miller
Simply stated, Plaintiff could not have brought this action in federal court in the first place, and so removal is improper. Notably, even if complete diversity of citizenship exists, Defendant cannot properly remove the action because Defendant resides in the forum state. (See Notice at 1); see also 28 U.S.C. § 1441(b)(2).
Nor does Plaintiff's unlawful detainer proceeding raise any federal legal question. See 28 U.S.C. §§ 1331, 1441. Pursuant to the "well-pleaded complaint rule," federal-question jurisdiction exists "only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). Here, Plaintiff's underlying complaint asserts a cause of action for unlawful detainer. [See Notice at 2.] "Unlawful detainer is an exclusively state law claim that does not require the resolution of any substantial question of federal law." Martingale Invs., LLC v. Frausto, 2013 WL 5676237, at *2 (C.D. Cal. Oct. 17, 2013). In the Notice, Defendant claims that Plaintiff has violated his "right to due process, a federal issue." (Notice at 2.) However, Defendant fails to allege that any federal law appears on the face of Plaintiff's well-pleaded complaint.
Accordingly, IT IS ORDERED that: (1) this matter be REMANDED to the Superior Court of California, County of Orange, North Justice Center, 1275 North Berkeley Avenue, Fullerton, CA 92832, for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) the Clerk send a certified copy of this Order to the state court; and (3) the Clerk serve copies of this Order on the parties.