Mathews
Mathews v. O'Malley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS MATHEW, Case No. 21-cv-02216-JST
Plaintiff,
ORDER GRANTING MOTION TO
v. REMAND
KEVIN O’MALLEY, Re: ECF No. 6 Defendant.
12 Before the Court is Plaintiff Thomas Mathew’s motion to remand. ECF No. 6. The Court will grant the motion. I. BACKGROUND Plaintiff initially brought this action for unlawful detainer on September 18, 2020, in Santa Clara County Superior Court. ECF No. 2 at 3; ECF No. 6-2 at 8. Plaintiff alleges that Defendant Kevin O’Malley is unlawfully in possession of Plaintiff’s residential property, located at 4540 Cadwallader Avenue, San Jose, CA 95121 (“the Property”). ECF No. 6-2 at 11. Plaintiff filed its complaint as a “limited civil case” seeking less than $25,000 in damages. Id. Plaintiff alleges that he entered into an oral agreement with Defendant in November 2016 to allow Defendant to occupy a motorhome owned by Plaintiff located at the Property at no cost. Id.…