Essex Property Trust, Inc. v. Daniel Poore, et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ESSEX PROPERTY TRUST, INC., Case No. 25-cv-07627-JD Plaintiff,

ORDER RE REPORT AND

v. RECOMMENDATION, AND REMAND DANIEL POORE, et al., g Defendants. Pro se defendants Daniel and Claudia Poore removed this unlawful detainer action from 10 || California state superior court. Dkt. No. 1. A magistrate judge filed a report and recommendation advising remand for lack of subject matter jurisdiction. Dkt. No. 8. No objections have been filed 12 || in response to the report, and the time to file objections has expired. See Fed. R. Civ. P. 72(b). Removal was said to be based on federal question jurisdiction under the CARES Act, || which defendants mentioned as a defense to the eviction action. See Dkt. No. 1. The report and |} recommendation concluded that a federal defense is not a basis of removal. Dkt. No. at 3 (citing a || Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1086 (9th…