Chiang v. Afifi

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TINA CHIANG, Case No. 24-cv-01665-AMO

8 Plaintiff, ORDER ADOPTING MAGISTRATE 9 v. JUDGE’S REPORT AND RECOMMENDATION AND 10 SABRINA AFIFI, CLOSING CASE 11 Defendant. Re: Dkt. No. 8

12 13 This is an unlawful detainer action filed by Plaintiff Tina Chiang in Alameda County 14 Superior Court against Defendant Sabrina Afifi. ECF 1. This is the third time Defendant has 15 removed the same unlawful detainer action from state court. The two prior cases were both 16 remanded to state court for lack of federal jurisdiction. Order Adopting Report and 17 Recommendation and Remanding Case, Chiang v. Afifi, No. 23-cv-06235-JD (N.D. Cal. Mar. 1, 18 2024), ECF No. 13; Remand Order, Chiang v. Afifi, No. 24-cv-01342-JD (N.D. Cal. Mar. 12., 19 2024), ECF No. 6. In the instant matter, Chiang brings a single cause of action for unlawful 20 detainer. 21 The Court has reviewed Magistrate Judge Kandis A. Westmore’s Report and 22 Recommendation to Remand to State Court, ECF 8, as well Defendant Sabrina Afifi’s objections 23 to the report. ECF 11. The Court finds the Report correct, well-reasoned and thorough, and 24 adopts it in every respect. 25 Afifi objects to the Report and Recommendation, arguing that there is federal question 26 jurisdiction because, as detailed in the notice of removal, Chiang allegedly discriminated against 27 her in violation of her civil rights and the Fair Housing Act. ECF 11 at 14-18; see ECF 1 at 4-9. 1 of removal. See Caterpillar Inc. v. Williams, 482 U.S. 386, 393 (1987). Thus, Afifi’s claims or 2 defenses cannot form the basis of this Court’s jurisdiction, see Provincal Gov't of Marinduque v. 3 Placer Dome, Inc., 582 F.3d 1083, 1086 (9th Cir. 2009), and Afifi’s objections fail to demonstrate 4 || that this Court has subject matter jurisdiction. Accordingly, the Court adopts the Report and 5 || Recommendation and remands the case to Alameda County Superior Court. The Clerk’s Office is 6 || requested to close the case. No further filings will be accepted. 7 8 IT IS SO ORDERED. 9 Dated: May 10, 2024 1. = 10 coh ARACELI MARTINEZ-OLGUIN 11 United States District Judge g 12

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