Haw v. Howard
ORDER REMANDING ACTION TO ALAMEDA COUNTY SUPERIOR COURT 3 (Illston, Susan) (Filed on 12/13/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 12-5167 SI
ORDER REMANDING ACTION TO
ALAMEDA COUNTY SUPERIOR
On August 30, 2012, plaintiff Jeffrey Haw filed a case in Alameda County Superior Court
against defendant John Howard for unlawful detainer. On September 4, 2012, defendant filed a notice
of removal to this Court, asserting federal subject matter jurisdiction under 28 U.S.C. § 1331, because
the action allegedly arises under 28 U.S.C. § 1655, 42 U.S.C. §§ 12181-89, and 11 U.S.C. § 1983. On
October 30, 2012, plaintiff filed a motion to remand to case to the Alameda County Superior Court.
On November 27, 2012, Magistrate Judge Cousins filed a Report and Recommendation
recommending that the Court grant defendant’s motion to remand. The Court has reviewed the Report
and Recommendation, the complaint, and the motion to remand, and concludes that the case should be
remanded for the reasons set forth in the Report and Recommendation. Accordingly, the Court
ADOPTS the Report and Recommendation and REMANDS the case to the Alameda County Superior
IT IS SO ORDERED.
Dated: December 13, 2012
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?