DeMartini

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY P. DeMARTINI, et al., No. 2:24-cv-00415 DJC CKD (PS) 12 Plaintiffs and Counter Defendants, 13 ORDER AND v. 14 FINDINGS AND RECOMMENDATIONS MICHAEL J. DeMARTINI, et al., 15 Defendants and Counter 16 Claimants. 17 18 Plaintiffs Timothy P. DeMartini and Margie DeMartini initiated this action in the Superior 19 Court of California, County of Nevada, with the filing of an ex parte application for order for sale 20 of dwelling under California Code of Civil Procedure §§ 704.40-704.770, et seq. (ECF No. 1.) 21 Proceeding pro se, defendants Michael J. DeMartini and Renate DeMartini removed the case 22 under 28 U.S.C. §§ 1332, 1441 on the basis of diversity jurisdiction. (Id.) After removing the 23 case, defendants filed an answer with counterclaims (ECF No. 3.) Several pending motions filed 24 by plaintiffs are before the court.1 25 Sua sponte, the court considers its own subject matter jurisdiction and finds this is a non- 26 …