Gillott
Equity Trust v. Gillott
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 EQUITY TRUST, et al. Case No. 22-cv-07826-VKD
Plaintiffs, ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
v.
ORDER FOR REASSIGNMENT TO
DISTRICT JUDGE; REPORT AND
JAMES JOHNSON GILLOTT, et al., RECOMMENDATION RE REMAND Defendants. Re: Dkt. No.
14 Defendant Kathleen Gillott removed this unlawful detainer action from the Monterey 16 County Superior Court. She also seeks leave to proceed in forma pauperis (“IFP”). For the reasons stated below, the undersigned grants the IFP application, but nonetheless recommends that this matter be remanded to the state court for lack of federal subject matter jurisdiction. A court may grant IFP status and authorize the commencement of a civil action if the court is satisfied that the applicant cannot pay the requisite filing fees. 28 U.S.C § 1915(a)(1). In evaluating an IFP application, the court should “gran[t]…