Thompson

Meadowbrook Housing Partners, LP v. Thompson

Good Law
United States District Court, Southern District of CaliforniaAugust 3, 20233:23-cv-01300California345 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MAVIS THOMPSON, Case No. 23-cv-1300-BAS-DDL

Plaintiff,

ORDER REMANDING ACTION TO

v. STATE COURT

MEADOWBROOK HOUSING

PARTNERS, LP, et al., 15 Defendants.

Plaintiff Mavis Thompson filed an action in San Diego Superior Court on June 28, 2023, appearing to allege Defendant Meadowbrook Housing Partners unlawfully evicted her from her rental unit. (ECF No. 1-3.) On July 14, 2023, Plaintiff removed her action to federal court and applied to proceed in forma pauperis. But the federal removal statute, 28 U.S.C. § 1441(a), does not confer the party who initiates an action in state court with the right to thereafter remove it to federal court. 28 U.S.C. § 1441(a) (an action “may be removed by “defendant or the defendants” (emphasis added); Chicago, R.I. & P.R. Co. v. Stude, 346 U.S. 574, 580 (“Here, the railroad is the plaintiff under 28 U.S.C. § 1441(a) . . . and cannot remove”). This is true even if that party’s opponent…

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