Opinion
24-cv-03242-RFL
06-03-2024
TINA CHIANG, Plaintiff, v. SABRINA AFIFI, Defendant.
ORDER TO SHOW CAUSE; ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND REMANDING ACTION TO STATE COURT Re: Dkt. Nos. 1, 2
RITA F. LIN UNITED STATES DISTRICT JUDGE
Tina Chiang filed an unlawful detainer action against Sabrina Afifi in the Superior Court of California for the County of Alameda in August 2023. (See Dkt. No. 1.) This is Afifi's fourth attempt to remove the case to federal court. (See Case Nos. 23-cv-6235-JD, 3:24-cv-01342-JD, 3:24-cv-01665-AMO.) As Afifi was previously advised, no subject matter jurisdiction exists over this action based in state law, and Afifi's claims or defenses cannot form the basis of the Court's jurisdiction. Therefore, the case is REMANDED to the Alameda Superior Court, and Afifi's application to proceed in forma pauperis is DENIED AS MOOT.
Afifi was also advised that another attempt to remove the same claims may result in an award of fees and costs to Chiang under 28 U.S.C. § 1447(c). (3:24-cv-01342-JD, Dkt. No. 6.) Accordingly, Afifi is ordered to show cause in writing by June 24, 2024, why she should not be charged fees and costs under 28 U.S.C. § 1447(c). Chiang may provide any such fees and costs by that same date.
IT IS SO ORDERED.