Datig

Atwater Retirement Village LLC v. Datig

Good Law
United States District Court, Eastern District of CaliforniaMarch 19, 20241:24-cv-00319California1,302 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ATWATER RETIREMENT VILLAGE, Case No. 1:24-cv-00319-KES-SAB LLC, d/b/a CASTLE VISTA SENIORS COMMUNITY Plaintiff, ORDER SUA SPONTE REMANDING

ACTION TO MERCED COUNTY SUPERIOR

v. COURT MITCH DATIG, (Doc. 1.) Defendant. 17 18 This is an unlawful detainer action brought under California state law by Plaintiff Atwater Retirement Village, LLC (“Plaintiff”), against defendant Mitch Datig (“Defendant”). On March 15, 2024, pro se Defendant removed this case to this Court from the Merced County Superior Court. (Doc. 1.) Defendant asserts that the basis for removal is the presence of federal question jurisdiction, because Defendant is a bona fide tenant under the Protecting Tenants at Foreclosure Act (“PTFA”). (Id. at ¶ 3.) Defendant argues that Plaintiff intentionally failed to allege compliance with the PTFA and filed this action as an “artful pleading” in state court in order to avoid the federal statute. (Id. at…

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