Prophet
(UD)(PS) Riverwalk I, L.P. v. Prophet
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RIVERWALK I, L.P., No. 2:24-cv-02763-DJC-CKD 12 Plaintiff, 13 v. ORDER 14 BARBARA PROPHET, et al., 15 Defendants. 16 Plaintiff Riverwalk I, L.P. brought this unlawful detainer action against Defendants Barbara Prophet and Charles R. Prophet under California state law on September 3, 2024. On October 8, 2024, Defendants filed a Notice of Removal in federal court, seeking to remove the action from Sacramento County Superior Court. (See Not. of Removal (ECF No. 1).) A district court has “a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not.” United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The removal statute, 28 U.S.C. § 1441, is strictly construed against removal jurisdiction. Geographic Expeditions, Inc. v. Estate of Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010). It is presumed that a case lies outside the limited jurisdiction of the federal courts,…