Toner

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 3139 MOUNT WHITNEY RD. TRUST Case No. 22-cv-189-MMA (AHG)

DATED 06/14/2021,

Plaintiff, ORDER REMANDING ACTION TO v. STATE COURT

DEBRA TONER, et al., Defendants. 16 17 On February 9, 2022, Defendant Debra Toner (“Defendant”) filed a Notice of Removal from the State of California, Superior Court for the County of San Diego. See Doc. No. 1 (“Notice of Removal”). According to the state court complaint, 3139 Mount Whitney Rd. Trust Dated 06/14/2021, U.S. Financial, L.P., as Trustee (“Plaintiff”) alleges a claim for unlawful detainer against Defendants Debra Toner, Kevin P. Carey, Richard L. Stanley, and other unascertained defendants (collectively, “Defendants”). See id. Having reviewed Defendant’s Notice of Removal, the Court finds it does not have subject matter jurisdiction over this action, the removal is procedurally defective, and sua sponte remand is appropriate. Therefore, for the reasons stated below, the Court 27 …