Loyd

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THE KIND PROJECT DOWNTOWN, No. 2:24-cv-02925-DJC-CSK

LP,

Plaintiff,

ORDER

v. LANITA J. LOYD, Defendant. 17 Plaintiff The Kind Project Downtown, LP brought this unlawful detainer action against Defendant Lanita J. Loyd under California state law on August 5, 2024. On October 23, 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. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). It is presumed that a case lies outside the limited jurisdiction of the federal courts, and the burden of establishing the contrary rests upon the party asserting jurisdiction. Id. at 1106–07; Hunter v. Philip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009). The…