Boydston

ORDER TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION

I. INTRODUCTION

Defendant, Asset Acceptance LLC, (“Asset”) brings this Motion for Summary Judgment (“the Motion”), seeking dismissal of Plaintiff John Boydston’s claim that Defendant violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 . The TCPA limits the use of “an artificial or prerecorded voice” in calls to residential telephone lines and prescribes technical and procedural standards for regulating such automated calls. Plaintiff initially filed his Complaint in the Small Claims Division of the Superior Court of the State of California in and for the County of San Francisco, seeking $500 in statutory damages. Defendant removed the action to the Federal District Court for the Northern District of California. For the reasons stated below, the Court remands for lack of subject matter jurisdiction. The Court, therefore, declines to rule on Defendant’s Motion.

II. FACTUAL AND PROCEDURAL BACKGROUND

On July 12, 2006, Plaintiff, appearing pro se, filed a small claims complaint in the San Francisco County Superior Court. See Notice of Removal, Ex. A (Complaint). Plaintiffs Complaint conclusorily alleges…