Potter
(UD)(PS) Hillside Apartment, LLC v. Potter
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HILLSIDE APARTMENTS, LLC, No. 2:20-cv-00225-KJM-DB Plaintiff, v. ORDER HEATHER L. POTTER, Defendant. 16 On January 30, 2020, defendant Heather L. Potter filed with this court a Notice of Removal of Sacramento County Superior Court Case No. 19UD05569. ECF No. 1. A defendant must file a notice of removal within 30 days after the defendant receives a copy of the state court complaint or is served, whichever occurs first. 28 U.S.C. § 1446(b)(1). The burden of demonstrating compliance with this procedural requirement is on the removing defendant. Riggs v. Plaid Pantries, Inc., 233 F. Supp. 2d 1260, 1264 (D. Ore. 2001). Here, defendant’s notice states, “On or about December 26, 2019, Plaintiff served on Defendant in accordance with California Laws, therefore time for Defendant to file notice of removal under 28 U.S.C. *1446(b) has not yet expired.” Notice of Removal, ECF No. 1 at 2 (verbatim). The same…