ORDER GRANTING PLAINTIFFS' MOTION TO REMAND

DANA M. SABRAW, District Judge.

Pending before the Court is Plaintiffs' Hebert Krickhahn and Marcia Krickhahn's motion to remand. On May 14, 2019, Plaintiffs filed this motion in response to Defendant Terry Demuth's second notice of removal of Plaintiffs' unlawful detainer action filed in the San Diego County Superior Court. (See RJN Ex. 1, ROA No. 1.)1 The Court has already issued an order remanding this action based on lack of subject matter jurisdiction. (See Krickhahn et al v. Demuth et al, Case No. 19-cv-00085-DMS-KSC, ECF No. 7.) Despite the Court's prior order, Defendant filed another notice of removal based on the same meritless grounds. Moreover, just like with his first removal, Defendant filed his second notice of removal on the eve of the scheduled trial date, allowing him to delay trial and remain on the property rent-free during this delay. (See RJN Ex. 1, ROA No. 57.)

For the reasons discussed in the prior order, the Court GRANTS Plaintiffs' motion to remand based on lack of subject matter jurisdiction. The Court also GRANTS Plaintiffs just cost and actual expenses incurred as a result of Defendant's unsubstantial removal, see 28 U.S.C. § 1447(c), and ORDERS Defendant not to remove this action again, unless Plaintiffs amend the complaint to add a claim arising under federal law. Defendant is warned that any further removals in violation of this order are punishable by sanctions.

IT IS SO ORDERED.