Herrera

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THE ATHERTON APARTMENT No. 2:21-cv-01830-TLN-KJN

HOMES,

12 Plaintiff, ORDER v.

KRISTI HERRERA,

15 Defendant.

17 This matter is before the Court on Defendant Kristi Herrera’s ( “Defendant”) Notice of Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 1, 3.) For the reasons set forth below, the Court hereby REMANDS the action to the Superior Court of California, County of San Joaquin due to lack of subject matter jurisdiction and DENIES Defendant’s Motion to Proceed in Forma Pauperis as moot. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On July 21, 2021, Plaintiff The Atherton Apartment Homes (“Plaintiff”) brought an action for unlawful detainer against Defendant for possession of real property located at 717 W. Atherton Drive #115, Manteca, California 95337 (the “Property”). (ECF No. 1 at 7.) On October 4, 2021, Defendant filed a Notice of Removal removing this unlawful detainer action from the 6 …