Cook

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JERRY E. COOK, Trustee of The Jerry E. Cook ) Case No.: 1:23-cv-1059-JLT-BAM and Suzanne M. Cook Family Trust as Amended ) and Restated in 2005, Bypass Trust, ) ) Plaintiff, ) ORDER SUA SPONTE REMANDING CASE ) TO FRESNO COUNTY SUPERIOR COURT v. ) ) Barry Halajian, et al., ) ) Defendant. ) ) 17 Plaintiff initiated this action by filing a complaint for unlawful detainer in Fresno County 18 Superior Court, Case No. 23CECL03318. Defendants filed a Notice of Removal to initiate the matter 19 before this Court. (Doc. 1.) For the reasons set forth below, the Court finds that it lacks subject matter 20 jurisdiction over the action and therefore REMANDS the matter to Fresno County Superior Court.

I. Removal Jurisdiction

22 Pursuant to 28 U.S.C. § 1441(a), a defendant has the right to remove a matter to federal court 23 where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 286, 24 392 (1987). Specifically,…