United States District Court, N.D. California
April 2, 2014
GRANITE RANCH OPPORTUNITIES LLC, Plaintiff,
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.
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.