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Granite Ranch Opportunities LLC v. Morgan-Lewis

United States District Court, N.D. California

April 2, 2014

GRANITE RANCH OPPORTUNITIES LLC, Plaintiff,
v.
RACHELLE MORGAN-LEWIS, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING ACTION Re: ECF No. 6

JON S. TIGAR, District Judge.

In this removed action for unlawful detainer, Magistrate Judge Grewal issued a report and recommendation prior to the reassignment of the action to this Court. ECF No. 6. Judge Grewal found that the court lacks subject matter jurisdiction. First, federal-question jurisdiction does not exist because Granite Ranch brings a single unlawful detainer claim, which is predicated on state law. Second, diversity of citizenship is absent because both parties are citizens of California.[1]

The period for filing objections to this report and recommendation has ended, and no party has filed objections. Because the report and recommendation is thorough and well-reasoned, the Court adopts it in every respect. Accordingly, this action is REMANDED to Monterey County Superior Court. The Clerk shall mail a copy of this order to the clerk of the Superior Court and terminate this action.

IT IS SO ORDERED.


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