K.W.
(PS) State of California v. K.W.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STATE OF CALIFORNIA, No. 2:21-cv-806-TLN-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS
TO REMAND
v. K.W., et al., Defendants. 16 This is a case originally filed by the State of California in El Dorado County Superior Court as a Juvenile Wardship Petition against K.W., a minor. (See ECF No. 1 at 8-12, citing Cal. Welf. & Inst. Code § 602.) According to the state’s complaint, K.W. was charged with violations of Cal. Penal Code Section 69 for “Resisting Executive Officer” and Section 243(b) for “Battery Upon a Peace Officer.” (Id. at 10.) Defendant’s mother, Jennette Waldow, proceeding pro se, filed removal papers in K.W.’s proceedings and requested permission to proceed in forma pauperis. (ECF Nos. 1, 2.) The undersigned recommends the case be remanded to the El Dorado County Superior Court, as Waldow lacks standing and subject matter jurisdiction is lacking. Because of this suggested remand, the undersigned also recommends…