Broce

MEMORANDUM **

Roy Broce (“Broce”) appeals the district court’s summary judgment in favor of defendant ARCO Pipe Line Company (“ARCO”) in an employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We hold that the district court lacked subject matter jurisdiction over the case, which was removed from state court, and accordingly vacate and remand.

I

Broce commenced this action in California state court, asserting claims of discrimination, retaliation and harassment on the basis of age and veteran status in violation of the California Fair Employment and Housing Act (“FEHA”), Cal. Govt.Code § 12940 et seq. Broce did not object when ARCO removed the case to federal court. Three years later, after discovery had been completed, the district court granted ARCO’s motion for summary judgment on all of Broce’s claims.

II

Although the district court’s subject matter jurisdiction has not until now been questioned, defects in subject matter jurisdiction are nonwaivable and must be addressed even if raised for the first time on appeal. Galvez v. Kuhn, 933 F.2d 773 , 775 n. 4 (9th Cir.1991). We review de novo whether subject matter jurisdiction exists in a…