Kemp
Swords to Plowshares v. Kemp
Opinion
Opinion
Jenkins, J.
ORDER DENYING PLAINTIFF’S MOTION TO REMAND
INTRODUCTION
Before the Court is Plaintiff Sword to Plowshares’ motion to remand this action to state court. For the following reasons, the Court DENIES Plaintiffs motion to remand.
FACTUAL BACKGROUND
Plaintiff is a California not-for-profit corporation. Plaintiff leases land from The Presidio Trust (“the Trust”), including the premises located at 1030 Girard Road, #219A, San Francisco, California (“the unit”). Plaintiff subleased the unit to Defendant Robert Kemp, a California resident on November 15, 2000. The unit is part of a development called the Veterans Academy, which is operated by Plaintiff.
Plaintiff filed its action for unlawful de-tainer against Defendant on April 1, 2005, in San Francisco Superior Court. The action was based on a 60 Day Notice to Terminate Tenancy which asserted that Defendant breached the Lease in several respects. On or about April 11, 2005, Defendant served a verified Answer, demanded a jury trial, and requested that a settlement conference be set by the state court. On April 20, 2005, the state court action was set for trial. Defendant served his notice of removal on April 21, 2005.