Nelson v. Krebbs, Sr.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEGGY NELSON, Trustee of the Nelson Case No.: 19-CV-2162 JLS (LL) Living trust,
ORDER SUA SPONTE REMANDING
Plaintiff, ACTION v.
ANTHONY WAYNE KREBBS, SR.;
KISHIA KREBBS; DOES 1-10,
16 Defendants.
18 On September 9, 2019, Plaintiff Peggy Nelson filed a complaint against Defendants 19 Anthony and Kishia Krebbs in the Superior Court of California, County of San Diego. 20 Defendants removed the action to this Court on November 12, 2019. On the same day, 21 Defendants also filed a Motion for Leave to Proceed In Forma Pauperis. Because the 22 Court lacks subject matter jurisdiction, the Court sua sponte REMANDS this action. 23 “If at any time before final judgment it appears that the district court lacks subject 24 matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c); see also GFD, LLC 25 v. Carter, No. CV 12-08985 MMM FFMX, 2012 WL 5830079, at *2 (C.D. Cal. Nov. 15, 26 2012) (“The court may—indeed must—remand an action sua sponte if it determines that it 27 lacks subject matter…