Wennekamp

Catamount Properties 2018, LLC v. Wennekamp

Good Law
United States District Court, Eastern District of CaliforniaOctober 9, 20191:19-cv-01414California1,390 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CATAMOUNT PROPERTIES 2018, LLC, No. 1:19-cv-01414-DAD-EPG Plaintiff, v. ORDER SUA SPONTE REMANDING

ACTION TO STANISLAUS COUNTY

MARVIN R. WENNEKAMP, SUPERIOR COURT Defendant. 16 17 This is an unlawful detainer action brought under California state law by plaintiff Catamount Properties 2018, LLC against defendant Marvin R. Wennekamp. On October 7, 2019, defendant removed this case to this federal court from the Stanislaus County Superior Court. (Doc. No. 1.) Defendant appears to assert two bases for removal: (1) diversity jurisdiction; and (2) “Denial of due process in Unlawful Detainer: Eviction after foreclosure and/or rental lease and ejectment, in that the rules of evidence and civil procedure are applied without equal protection.” (Id. at 2.) For the reasons that follow, however, the court remands this action back to the superior court. DISCUSSION A district court has “a duty to…

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