Chidester
(UD) (PS) Cool Time LLC v. Chidester
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COOL TIME LLC, No. 2:19-CV-01961-KJM-AC Plaintiff, v. ORDER EVAN CHIDESTER, Defendant.
17 On September 26, 2019, defendant Evan Chidester, proceeding pro se, removed this unlawful detainer action from Sacramento County Superior Court. ECF No. 1. Chidester also filed a motion to proceed in forma pauperis. ECF No. 2. Plaintiff moves to remand. ECF No. 4. As explained below, the court GRANTS plaintiff’s motion to remand, REMANDS the case to the Sacramento County Superior Court and DENIES as moot defendant’s motion to proceed in forma pauperis. I. SUBJECT MATTER JURISDICTION A. Legal Standard When a case “of which the district courts of the United States have original jurisdiction” is initially brought in state court, a defendant may remove it to federal court. 28 U.S.C. § 1441(a). There are two primary bases for federal subject matter jurisdiction: (1) federal question…