Zavala

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THE JOSEPH PLAGENZA AND ROSE No. 1:19-CV-01726-DAD-SKO

PLAGENZA 1990 LIVING TRUST,

12 Plaintiff, ORDER SUA SPONTE REMANDING CASE v. TO MERCED COUNTY SUPERIOR COURT AND DENYING MOTION TO PROCEED IN

SHERRY ZAVALA, FORMA PAUPERIS AS MOOT

15 Defendant. (Doc. Nos. 1, 2)

17 This is an unlawful detainer action brought under California state law by plaintiff The Joseph Plagenza and Rose Plagenza 1990 Living Trust (“plaintiff”) against defendant Sherry Zavala. On December 11, 2019, defendant removed this case to this federal court from the Merced County Superior Court. (Doc. No. 1.) Defendant asserts that the basis for removal is that she withheld rent under the Fair Housing Act, 42 U.S.C. § 3604, because the landlord had refused to modify the premises to afford full enjoyment of that premises to defendant’s roommate and co- tenant, who is physically handicapped. (Id. at 2.) Defendant…