Datig
Atwater Retirement Village LLC v. Datig
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ATWATER RETIREMENT VILLAGE, Case No. 1:24-cv-00319-KES-SAB LLC, d/b/a CASTLE VISTA SENIORS 12 COMMUNITY 13 Plaintiff, ORDER SUA SPONTE REMANDING
ACTION TO MERCED COUNTY SUPERIOR
14 v. COURT 15 MITCH DATIG, (Doc. 1.) 16 Defendant. 17 18 19 This is an unlawful detainer action brought under California state law by Plaintiff Atwater 20 Retirement Village, LLC (“Plaintiff”), against defendant Mitch Datig (“Defendant”). On March 21 15, 2024, pro se Defendant removed this case to this Court from the Merced County Superior 22 Court. (Doc. 1.) Defendant asserts that the basis for removal is the presence of federal question 23 jurisdiction, because Defendant is a bona fide tenant under the Protecting Tenants at Foreclosure 24 Act (“PTFA”). (Id. at ¶ 3.) Defendant argues that Plaintiff intentionally failed to allege 25 compliance with the PTFA and filed this action as an “artful pleading” in state court in order to 26 avoid the federal statute. (Id. at…