Pegasus Properties and Investments, LLC v. Jennifer Burkhalter

I. BACKGROUND

On January 15, 2020, Plaintiffs filed a complaint against Defendant in California Superior Court for the County of Riverside, alleging that Defendant wrote checks to herself and her parents from Pegasus accounts and using Pegasus funds amounting to approximately $ 316,043. (“Complaint,” Dkt. No. 1-1 ¶ 17.) The Complaint includes four causes of action: (1) conversion; (2) fraudulent misrepresentation; (3) fraudulent concealment; and (4) unjust enrichment. (Id.) On February 28, 2020, Defendant removed the action, claiming that removal was proper of 28 U.S.C. § 1331, because the action “arises under the laws of the United States dealing with obligations under a specific immigration form, the Form I-864.” (“Notice of Removal,” Dkt. No. 1. at 3.)

1 The Court takes no action on the Defendant’s pending motion to dismiss, (Dkt. No. 13), which is not properly before the Court. On May 4, 2020, Plaintiffs filed the MTR. (MTR.) Defendant opposed the MTR, (“MTR Opposition,” Dkt. No. 25.) The Court took the matter under submission on April 17, 2020. (Dkt. No. 29.) Plaintiffs filed a reply on April 20, 2020, (Dkt. No. 31.), which the Court disregards as untimely. (See…