Downey
Carmel Terrace, L.P. v. Downey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CARMEL TERRACE, L.P., Case No.: 3:19-cv-02362-WQH-WVG
Plaintiff,
ORDER
v. JAMES DOWNEY; and DOES 1 to 10, inclusive, 15 Defendants. 16 HAYES, Judge: 17 The matter before the Court is Defendant’s Motion for Leave to Proceed in Forma 18 Pauperis. (ECF No. 2).
PROCEDURAL BACKGROUND
20 On July 12, 2019, Plaintiff Carmel Terrace, L.P. initiated this action by filing a 21 Complaint in the Superior Court of California for the County of San Diego, assigned case 22 number 37-2019-00036259-CL-UD-CTL, against Defendant James Downey. (ECF No. 1- 23 2 at 7). 24 On December 10, 2019, Defendant filed a Notice of Removal. (ECF No. 1). The 25 same day, Defendant filed a Motion for Leave to Proceed in Forma Pauperis. (ECF No. 26 2).
28 DISCUSSION The court has an independent duty to assess whether federal subject matter jurisdiction exists. See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004) (stating that “the…