Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.
Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been diagnosed with PTSD, Traumatic Brain injury, tinnitus, and epilepsy as a result of sclerosis on the left side of the hippocampus. Since the Department of Veteran Affairs allocated the funding to a nonprofit entity operating in Alameda County and the defendant was housed under a Federal program call SSVF(Supportive Services for Veteran Families) is there grounds for change of venue by defendant?
A: Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant where the landlord demands the tenant to be removed from her tenancy, usually when there has been a failure to pay rent due. Most unlawful detainer cases do not raise a federal question. Based on the information provided, I doubt the defendant would be able to remove the case to federal court.
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