Opinion
C 22-08948 WHA
02-13-2023
LYDIA CHINGBONG BARBER, Plaintiff, v. WAYNENARD J. AITEMON, Defendant.
ORDER ADOPTING IN PART REPORT AND RECOMMENDATION
WILLIAM ALSUP, UNITED STATES DISTRICT JUDGE
The undersigned has reviewed the report and recommendation of Magistrate Judge Alex G. Tse and agrees that this action should be remanded to the Superior Court of California, County of San Mateo. No objection was received in response to the report. This order adopts the report and recommendation, except that defendant shall pay plaintiff $1,000 for attorney's fees. The award balances defendant's dilatory tactics to postpone resolution of this unlawful detainer case and alleged in forma pauperis status.
Plaintiff's motion to remand the action is GRANTED. Defendant's motion for leave to proceed in forma pauperis is DENIED as MOOT.
IT IS SO ORDERED.