Lawrence M Lockie v. Simon Eden Paul

I. BACKGROUND

This is an eviction case. On November 19, 2020, Plaintiffs filed a Complaint in Riverside County Superior Court. (“Complaint,” Dkt. No. 7-1.) The Complaint alleges that Defendant owes Plaintiffs $10,200.00 in past-due rent. (Id.) Defendant was served with the Summons and Complaint on December 2, 2020. (Dkt. No. 7-4 p. 33.)

On December 22, 2020, Defendant filed a Motion to Quash Service of Summons. (“Motion to Quash,” Dkt. No. 7-3.) On January 5, 2021, Defendant’s Motion to Quash was heard and denied. (Dkt. No. 7-4 p. 28.)

On February 5, 2021, Defendant removed on the basis of federal question jurisdiction. (Dkt. No. 1.) On March 15, 2021, Plaintiffs filed the Motion. Defendant did not oppose.

II. LEGAL STANDARD

Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal courts have limited jurisdiction, “possessing only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 251, 256 (2013). As such, a defendant may remove civil actions in which a federal question exists or in which…