Catamount Properties 2018, LLC v. Stanley, Jr.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CATAMOUNT PROPERTIES 2018, Case No.: 22-CV-1126-RSH-NLS

LLC,

ORDER REMANDING CASE

Plaintiff, 13 v. 14 JOHN STANLEY, JR., et al., 15 Defendants. 16 17 On February 3, 2020, Plaintiff filed an unlawful detainer action against Defendants in San Diego County Superior Court (the “State Court Action”). ECF No. 1-4 at 2. On June 21, 2022, Defendants’ lessee, Melody Kohl, filed a bankruptcy petition in the United States Bankruptcy Court for the Southern District of California, Case No. 22-1636-LT13 (the “Bankruptcy Action”). ECF No. 1 ¶¶ 8, 19. On August 1, 2022, Defendants, who are proceeding pro se, filed a notice of removal of the State Court Action to this Court, pursuant to 28 U.S.C. § 1443(1) and § 1452(a), the bankruptcy removal statute. ECF No. 1. The Court hereby REMANDS this action to state court. I. REMOVAL PURSUANT TO 28 U.S.C. § 1443(1) 28 U.S.C. § 1443(1) authorizes a defendant to remove a state court civil action “[a]gainst any person who is denied or cannot enforce in the courts…