Ussery
(UD) (PS) NewRez LLC v. Ussery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NEWREZ LLC d/b/a SHELLPOINT No. 2:25-cv-00740-DJC-JDP
MORTGAGE SERVICING
Plaintiff,
ORDER
v. KIMBERLY USSERY, Defendant.
18 Plaintiff NewRez LLC, d/b/a Shellpoint Mortgage Servicing brought this 19 unlawful detainer action against Defendant Kimberly Ussery under California state law 20 on August 9, 2024. On March 4, 2025, Defendant filed a Notice of Removal in federal 21 court, seeking to remove the action from the San Joaquin County Superior Court. 22 (Not. of Removal (ECF No. 1).) 23 A district court has “a duty to establish subject matter jurisdiction over the 24 removed action sua sponte, whether the parties raised the issue or not.” United 25 Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The 26 removal statute, 28 U.S.C. § 1441, is strictly construed against removal jurisdiction. 27 Geographic Expeditions, Inc. v. Estate of Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010). 28 It is presumed that a case lies outside the limited jurisdiction of the…