Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUDY AROCHA, No. 2:22-cv-0638 CKD P Plaintiff, v. ORDER AND RALPH M. DIAZ, FINDINGS AND RECOMMENDATIONS Defendant. 16 On April 8, 2022, defendant removed this action from the Superior Court of Sacramento County pursuant to 28 U.S.C. § 1441(a). This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has filed a motion to remand this action back to Sacramento County. Plaintiff asserts that the court does not have jurisdiction over plaintiff’s only claim which arises under California Civil Code § 52.1, also known as the Tom Bane Civil Rights Act. Under that law, an individual can file suit if the “exercise or enjoyment of rights secured by the Constitution or laws of the United States, or rights secured by the Constitution or laws of [California], has been interfered with, or attempted to be interfered with.” In his complaint, plaintiff…