Gunter Zielke v. Federal Homeowners Relief Foundation

Good Law
United States District Court, Central District of CaliforniaMay 1, 20242:24-cv-03478California855 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

GUNTER ZIELKE et al., Case No. 2:24-cv-03478-SB-E

Plaintiffs,

v. ORDER TO SHOW CAUSE

FEDERAL HOMEOWNERS RELIEF

FOUNDATION et al.,

Defendants.

On April 26, 2024, Defendants Kenneth Martin Adler and Federal Homeowners Relief Foundation (FHRF) filed a notice of removal of Los Angeles Superior Court case BC628570. Dkt. No. 1. Because the removal appears procedurally and substantively deficient, the Court issues this order to show cause. Federal courts have subject matter jurisdiction only over matters authorized by the Constitution and Congress. See e.g., Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). This Court has a duty to assess whether federal subject matter jurisdiction exists and may consider the issue sua sponte at any stage of the proceedings. See Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1093 (9th Cir. 2004); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) (recognizing that “Article III generally requires a federal court to satisfy itself of its jurisdiction over the subject matter before it considers the merits of a case”).

A…

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