Aquinde

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MAGNUM PROPERTY Case No.: 20cv475-LAB (MSB)

INVESTMENTS, LLC

ORDER DENYING MOTION FOR

Plaintiff, LEAVE TO PROCEED IN v. FORMA PAUPERIS; AND

ZENAIDA AQUINDE, et al. ORDER OF REMAND Defendants.

17 Defendant Zenaida Aquinda removed this unlawful detainer action from state court, citing federal question jurisdiction and jurisdiction under 28 U.S.C. § 1443. She disclaims diversity jurisdiction, and no other basis for this Court’s jurisdiction appears in the notice of removal or complaint. Aquinda’s federal defenses or counterclaims do not give rise to federal question jurisdiction. See Vaden v. Discover Bank, 556 U.S. 49, (2009). Aquinda seems to recognize this, and alleges that California state courts will not respect her rights. She therefore relies on § 1443 as an exception to the well- pleaded complaint rule. This statute, however, permits parties to…