JPMorgan Bank, N.A. v. Renfro

Filing 9

ORDER ADOPTING 6 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND REMANDING ACTION TO THE SANTA CRUZ COUNTY SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 1/13/2016. (blflc3S, COURT STAFF) (Filed on 1/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JPMORGAN BANK, N.A.,

Case No. 15-cv-05744-BLF

Plaintiff,
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v.
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DAVID RENFRO,
Defendant.

ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE AND
REMANDING ACTION TO THE
SANTA CRUZ COUNTY SUPERIOR
COURT

United States District Court
Northern District of California

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The Court has reviewed the Report and Recommendation of Magistrate Judge Paul S.
Grewal remanding sua sponte this unlawful detainer action and denying Defendant’s motion to
proceed in forma pauperis. See ECF 6. No objections to the Report and Recommendation have
been filed and the deadline to object has elapsed. See Fed. R. Civ. P. 72(b)(2) (deadline for
objections is fourteen days after being served with report and recommendation); Certificate of
Service, ECF 6-1 (Defendant served with R&R by mail on December 29, 2015).
The Court finds the Report correct, well-reasoned and thorough, and adopts it in every
respect. Accordingly, the Court DENIES Mr. Alejandro Alianz’s motion to proceed in forma
pauperis and the above-titled unlawful detainer action is REMANDED to the Santa Cruz County
Superior Court. The Court TERMINATES AS MOOT JPMorgan Bank N.A.’s motion to remand,
ECF 4, and motion to shorten time on the motion to remand, ECF 5.
Finally, the Court notes that this is the third time this unlawful detainer action has been
removed from Santa Cruz Superior Court. See Docket No. 5 at 2; JPMorgan Chase Bank
National Association v. Renfro, Case No. 5:15-cv-01730-BLF at Docket No. 1 (N.D. Cal. Apr. 16,
2015) (“Renfro I”); JPMorganChase v. Renfro, Case No. 5:15-cv-02705-BLF at Docket No. 1

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(N.D. Cal. June 17, 2015) (“Renfro II”). After the Court warned Mr. David Renfro that further

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attempts to remove this action could result in sanctions, see Renfro II at 2, Mr. Renfro’s tenant,

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Mr. Alianz, appeared in the state court action and removed the action. The Court notes for the

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record that Mr. Alianz is utilizing the same address as Mr. Renfro’s attorney of record, Donald

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Schwartz. The Court advises Mr. Alianz that any further attempts to remove this action may result

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in sanctions. Furthermore, if there are further attempts to remove this action by anyone without an

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objectively reasonable basis, the Court may order all parties and their attorneys of records to

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appear in Court to explain why sanctions should not be awarded. The Court also reminds all

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counsel of their duty and responsibility to abide by the Standards of Professional Conduct

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United States District Court
Northern District of California

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contained in the Civil Local Rules. See Civil L.R. 11-4.
IT IS SO ORDERED.
Dated: January 13, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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