(UD)(PS)Breckenridge Property Fund 2016, LLC v. Jackson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRECKENRIDGE PROPERTY FUND No. 2:20-cv-02239-TLN-KJN 2016, LLC, 12 Plaintiff, 13 SUA SPONTE REMAND ORDER v. 14

MARGARET JACKSON,

15 Defendant. 16

17 18 This matter is before the Court on Defendant Margaret Jackson’s (“Defendant”) Notice of 19 Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 1–2.) For the reasons set forth 20 below, the Court hereby REMANDS the action to the Superior Court of California, County of 21 San Joaquin, due to lack of subject matter jurisdiction. Defendant’s Motion to Proceed in Forma 22 Pauperis (ECF No. 2) is DENIED as moot. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 On or about May 17, 2019, Plaintiff Breckenridge Property Fund 2016, LLC (“Plaintiff”) 3 brought an action for unlawful detainer against Defendant and DOES 1-10 for possession of 4 certain real property located in Stockton, California. (ECF No. 1 at 10–30.) On November 9, 5 2020, Defendant filed a Notice of Removal, removing the unlawful…