Summary
explaining that although removal was objectively unreasonable, an award of fees was not appropriate because of litigant's pro se status; also noting representation by one defendant that he was not employed and thus unable to afford any judgment
Summary of this case from Deutsche Bank Nat'l Trust Co. v. PerezOpinion
No. C 10-2624 RS.
November 22, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
On September 21, 2010, Magistrate Judge Laporte held a hearing on plaintiff Deutsche Bank's motion to remand this unlawful detainer suit to Alameda County Superior Court. Defendants did not oppose the motion, but defendant Cecil Cabalu did attend the hearing. In a report and recommendation filed on September 30, 2010, Judge Laporte granted plaintiff's motion to remand on the grounds that subject matter jurisdiction was lacking but denied plaintiff's request for attorney fees. Cabalu did not oppose the report and recommendation. The Court has reviewed Judge Laporte's extensive and thorough report and recommendation and adopts it here in full. Accordingly, the clerk should close the case and direct appropriate materials to the Alameda County Superior Court.
While the plaintiff and defendant Cecil Cabalu consented to magistrate jurisdiction, two counter-defendants were served but failed to consent. Accordingly, the matter was reassigned to this Court.
IT IS SO ORDERED.
Dated: 11/22/2010