CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—

GENERAL

Case No. 5:24-cv-02634-SSS-DTBx Date February 26, 2025 Title Maria Teresa Armenta v. U.S. Department of Veteran Affairs, et al.

Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (IN CHAMBERS) ORDER REMANDING CASE FOR

LACK OF SUBJECT MATTER JURISDICTION

The Court is in receipt of Plaintiff Maria Teresa Armenta’s Response to the Court’s Order to Show Cause filed on February 13, 2025. [Dkt. 13]. The Court’s prior order Granting Defendants’ Motion to Dismiss set an Order to Show Cause (“OSC”) requesting Plaintiff to show cause why her claims as to Chevan Bailey and Does 1–100 should not be remanded to the Riverside County Superior Court for lack of subject matter jurisdiction. [Dkt. 11 at 4]. Federal district courts “have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). There are two types of subject matter jurisdiction: federal question jurisdiction and diversity jurisdiction. 28 U.S.C. §§ 1331, 1332. The party asserting jurisdiction bears the burden of showing subject matter jurisdiction exists. See Leite v. Crane Co., 749 F.3d 1117, 1121 (9th Cir. 2014). Plaintiff’s response indicates that the Court lacks subject matter jurisdiction over these claims. [Dkt. 13]. Accordingly, the Court hereby REMANDS the case to the Riverside County Superior Court for lack of subject matter jurisdiction.

IT IS SO ORDERED.