Tory
(UD) (PS) Angstenberger v. Tory
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MANFRED F. ANGSTENBERGER and Case No.: 2:19-cv-01726-MCE-EFB-PS
SHEILA COX ANGSTENBERGER,
Trustees of the MANFRED and
SHEILA COX ANGSTENBERGER
TRUST, ORDER Plaintiffs, v. ANITA TORY and Does 1 through 5, Defendants. 18 On August 30, 2019, Defendant ANITA F. TORY, proceeding in pro se, filed a Notice of Removal of this unlawful detainer action from the Sacramento County Superior Court. ECF No. 1. This Court has an independent duty to ascertain its jurisdiction and may remand sua sponte for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). “The burden of establishing federal jurisdiction is on the party seeking removal, and the removal statute is strictly construed against removal jurisdiction.” Emrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first 27 1 Despite Defendant’s pro se…