Summary
finding that monetary sanctions against the defendant was not appropriate given the defendant's pro se status and because it was unclear whether the defendant even knew he could be sanctioned thousands of dollars
Summary of this case from Blazheiev v. Ubisoft Toronto Inc.Opinion
No. C 14-4899 PJH
12-02-2014
PARKVIEW EDGE PROPERTIES, LLC, Plaintiff, v. JUDITH E. DUMLAO, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; ORDER REMANDING CASE
The court has reviewed Magistrate Judge Laurel Beeler's Report and Recommendation regarding plaintiff's motion to remand. Defendants filed no objections within the time allowed under 28 U.S.C. § 636(b)(1). The court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, plaintiff's motion to remand the case to the Superior Court of California, County of Alameda, is GRANTED.
In addition, because this is the second time this case has been improperly removed and subsequently remanded for lack of subject matter jurisdiction, it is further ORDERED that the clerk not accept for filing, without prior approval of a judge of this court, any case removed by Judith E. Dumlao, Tommy U. Dumlao, Elaine Altares Escobal, or any other person or entity, involving the unlawful detainer action originally filed in Alameda County Superior Court on September 3, 2014 as Case No. HG14739136.
IT IS SO ORDERED.
Dated: December 2, 2014
/s/_________
PHYLLIS J. HAMILTON
United States District Judge