George

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRITON PROPERTY INVESTMENTS, Case No. 21-cv-03024-VC

LLC,

Plaintiff, ORDER GRANTING MOTION TO y. REMAND Re: Dkt. No. 8 RICHARD GEORGE, et al., Defendants.

Triton’s motion to remand is granted. The Court lacks federal question jurisdiction because the claim against the defendants arises under state law. See 28 U.S. Code § 1331. The defendants cannot assert federal question jurisdiction on the basis of constitutional defenses they might raise. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). Diversity jurisdiction cannot support removal either because the parties are not diverse. See 28 U.S.C. § 1332(a). Triton’s request for costs, attorney’s fees, and sanctions is denied, but the defendants are warned that if they remove the case again, and if Triton is forced to file another motion to remand, the Court will seriously consider imposing monetary sanctions. The Clerk of the Court is instructed to remand the case the California Superior Court, San Mateo County.

IT IS SO ORDERED.

Dated: May 21, 2021

VINCE CHHABRIA

United States District Judge