Larosa

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AVALONBAY COMMUNITIES, INC., Case No. 24-cv-03044-JD

Plaintiff,

ORDER RE REMAND

v.

OWEN LAROSA, Defendant.

12 This is an unlawful detainer action filed by plaintiff AvalonBay Communities, Inc. against defendant Owen LaRosa. Dkt. No. 1 at ECF pp. 9-13. LaRosa, representing himself, removed the case from state court, invoking the Court’s federal question jurisdiction. Dkt. No. 1. LaRosa alleged that “[b]ecause the subject property is a covered dwelling [under the CARES Act], the cause of action arises under the notice requirements of 15 U.S.C. § 9058(c) and not California law.” Id. ¶ 7. Magistrate Judge Nathanael M. Cousins filed a report that recommended “remanding the case back to state court for lack of subject matter jurisdiction and declining to award attorney’s fees.” Dkt. No. 15 at 3. Judge Cousins found that LaRosa “only raises potential federal defenses under the CARES Act as a basis for federal question jurisdiction,” and it was questionable in any …