Stokes

Wisemount Property, Inc. v. Stokes

Good Law
United States District Court, Southern District of CaliforniaMarch 18, 20213:21-cv-00431California951 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 On January 7, 2021, Plaintiff Wisemount Property, Inc., filed a Complaint for 25 unlawful detainer against Defendants MartyJoyce Ila Stokes, DNean Stokes-Guadagni, and 26 Ron Adcock, and Does 1 through 10 in the Superior Court for the State of California, 27 County of San Diego, assigned case number 37-2021-00000706-CL-UD-CTL. (ECF No. 28 1-2 at 1). Plaintiff alleges that it is the owner of real property in El Cajon, California. Plaintiff alleges that Defendants are foreclosure holdovers. Plaintiff alleges that it served Defendants with written notice to vacate the property, and Defendants refused to vacate the property. Plaintiff brings one claim against Defendants for unlawful detainer under California law. On March 11, 2021, Defendants, proceeding pro se, removed the action to this Court based on federal question jurisdiction under 28 U.S.C. §§ 1331 and 1446 (ECF No. 1) and filed a Motion for Leave to Proceed In Forma Pauperis (ECF No. 2). Defendants contend that the superior court order that allowed Plaintiff to acquire the property “was issued in violation of an automatic [bankruptcy] stay pursuant to 11 U.S.C. § 362 and…

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