Shawna Davidson v. Kay's Cafe, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SHAWNA DAVIDSON, Case No. 5:23-cv-02061-SB-SHK Plaintiff, v. ORDER OF REMAND KAY’S CAFE, INC. et al.,

Defendants.

Plaintiff Shawna Davidson, as Trustee of the James Stewart Davidson Trust, filed an unlawful detainer action in state court against her tenants, Defendants Kay’s Cafe, Inc. and Tony Shin. Defendant Shin, purportedly together with Chung Shin and Su Noh—who are not named in the unlawful detainer action but appear to reside at the same property—nevertheless removed the case pro se, invoking the Court’s federal question jurisdiction based on Chung Shin and Su Noh’s filing for bankruptcy, which they contend should have prevented the state court from issuing a writ of execution. Dkt. No. 1. The notice of removal identified federal question jurisdiction under 28 U.S.C. § 1331 as the sole basis for federal jurisdiction. Because the complaint alleges no federal claims, the Court ordered Defendants to show cause why the case should not be remanded for lack of subject-matter jurisdiction. Dkt. No. 7. In response, Defendant Tony Shin—together with three other…