Damiano

INTRODUCTION

21 Plaintiff Bird Rock Home Mortgage, LLC, has filed a motion to remand this action 22 to state court. (Doc. No. 3). After a careful review of the pleadings and for reasons set forth 23 below, the Court (1) REMANDS the action to the California Superior Court for lack of 24 subject matter jurisdiction; and (2) DENIES Defendants’ motion to proceed in forma 25 pauperis as moot. 26 // 27 // 28 BACKGROUND On October 4, 2019, Bird Rock Home Mortgage, LLC (“Plaintiff”), filed an unlawful detainer action against Daniel Damiano (“Defendant”)1, in the Superior Court of California, County of San Diego. (Doc. No. 1). Plaintiff is the owner of the property in question and alleged a cause of action pursuant to California Code of Civil Procedure § 1161. Id. On December 4, 2019, Defendant, proceeding pro se, filed a notice of removal with a motion for leave to proceed in forma pauperis (“IFP”), pursuant to 28 U.S.C. § 1915(a). See Doc. No. 2. Defendant claims this Court has federal question jurisdiction over the case pursuant to Plaintiff’s violation of the Real Estate Settlement Procedures Act, 12 U.S.C. §…