Opinion
24-cv-02603-JD
07-12-2024
WEST SAN CARLOS COURT APARTMENTS LLC, Plaintiff, v. WOO RI DONG HANG, Defendant.
ORDER RE REMAND
JAMES DONATO UNITED STATES DISTRICT JUDGE
This is an unlawful detainer action filed by plaintiff West San Carlos Court Apartments LLC (West) against defendant Woo Ri Dong Hang for $50,194 in past-due rent. Dkt. No. 1. Hang, which is purporting to proceed pro se, removed the case on allegations of diversity and federal question jurisdiction. See id. West filed a motion for remand, which Hang did not oppose. Dkt. No. 4. The case is remanded.
West represents that it is a California limited liability company and that defendant Hang is a California corporation. Dkt. No. 4-2 ¶¶ 7, 9. Hang did not contest that, and so complete diversity required for federal subject matter jurisdiction and removal from state court is missing. A federal question claim is not presented in the complaint. Consequently, removal was improper and the case is remanded to the Superior Court of California, County of Contra Costa. 28 U.S.C. § 1447(c). The request for sanctions pursuant to Federal Rule of Civil Procedure 11(c) is denied.
IT IS SO ORDERED.