Kaler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ESA MANAGEMENT, LLC, Case No.: 3:23-cv-01324-RBM-MMP

Plaintiff,

ORDER:

v. (1) REMANDING CASE TO STATE TIMOTHY KALER,

COURT FOR LACK OF SUBJECT

Defendant. MATTER JURISDICTION; AND

16 (2) DENYING DEFENDANT’S MOTION TO PROCEED IN FORMA

PAUPERIS AS MOOT

[Doc. 2] 20 On July 19, 2023, Defendant Timothy Kaler (“Defendant”) filed a Notice of Removal of Case No. 37-2023-00010833-CL-UD-CTL (“Notice of Removal”), which was initiated in the Superior Court of California, County of San Diego (“San Diego Superior Court”). (Doc. 1.) Also on July 19, 2023, Defendant filed a Motion for Leave to Proceed In Forma Pauperis (“IFP Motion”). (Doc. 2.) For the reasons discussed below, the Court REMANDS this action to San Diego Superior Court and DENIES Defendant’s IFP Motion as moot. / / / I. BACKGROUND Plaintiff …