Breckenridge Property Fund 2016, LLC v. Ohlsson

Background

Breckenridge Property Fund 2016, LLC was the plaintiff, and Diane Ohlsson was the defendant. The case had been removed from state court to the United States District Court for the Northern District of California. The plaintiff filed a motion to remand, meaning a request to return the case to state court. Ohlsson, who was proceeding without a lawyer, also sought remand. She stated that she had previously filed the notice of removal based on her knowledge and understanding at the time, but requested remand after receiving new information and developing a better understanding of her available defenses.

Court’s analysis

The court explained that the party seeking removal bears the burden of showing that removal is proper. It also stated that uncertainty about removal must be resolved in favor of remand. The court found that Ohlsson had not met that burden and that her changed position appeared to have been made in good faith.

Ruling

The court granted the motion to remand. It vacated the hearing scheduled for July 8, 2021, and remanded the action to the Superior Court for the County of Alameda. The order disposed of Docket Nos. 4 and 11. The parties had consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c).