Pitts
(UD)(PS) Alvernaz Partners, LLC v. Pitts
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALVERNAZ PARTNERS, LLC, No. 2:20-cv-02022-TLN-KJN Plaintiff, v. SUA SPONTE REMAND ORDER CARLOS REESE PITTS, et al., Defendants. 16 This matter is before the Court pursuant to Defendant Carlos Reese Pitts’ (“Defendant”) Notice of Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 1–2.) For the reasons set forth below, Defendant’s Motion to Proceed in Forma Pauperis is DENIED as moot, and the Court hereby REMANDS the action to the Superior Court of California, County of San Joaquin, due to lack of subject matter jurisdiction. / / / / / / / / / / / / / / / / / / / / / I. FACTUAL AND PROCEDURAL BACKGROUND On October 7, 2020, Defendant filed a pro se Notice of Removal removing what appears to be an unlawful detainer action from the San Joaquin County Superior Court. (ECF No. 1.) Defendant did not attach the state court complaint (“Complaint’) to his Notice of Removal. II. STANDARD OF…