Larosa
Avalonbay Communities, Inc. v. Larosa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
10 AVALONBAY COMMUNITIES, INC., Case No. 24-cv-03044-NC 11 Plaintiff, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE v. REMANDED 13 OWEN LAROSA, Re: ECF 1 14 Defendant.
This Court orders Defendant Owen LaRosa to show cause why this unlawful detainer case should not be remanded to Santa Clara County Superior Court for improper removal. Subject matter jurisdiction is not satisfied. If at any time it appears the court lacks subject matter jurisdiction over a removal, the case “shall be remanded.” 28 U.S.C. § 1447(c). Federal courts are courts of limited jurisdiction and are presumptively without jurisdiction. Kokkonen v. Guardian life Ins. Co. of Am., 511 U.S. 375, 377 (1994). District Courts have subject matter jurisdiction through federal question or diversity jurisdiction. 28 U.S.C. §§ 1331, 1332. Federal courts consider only what necessarily appears in plaintiff’s statement of his or…