Chang

(UD)(PS) U.S. Bank National Association v. Chang

Good Law
United States District Court, Eastern District of CaliforniaJanuary 6, 20202:19-cv-02440California721 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 U.S. BANK NATIONAL No. 2:19-cv-02440-MCE-KJN ASSOCIATION, as trustee for Lehman Xs Trust Mortgage Pass through Certificates, series 2006-18N, ORDER Plaintiff, 14 v.

DARYL C. CHANG, SR.,

16 Defendant.

18 On December 5, 2019, Defendant Daryl C. Chang, Sr., proceeding pro se, filed a 19 Notice of Removal of this unlawful detainer action from the San Joaquin County Superior 20 Court. ECF No. 1. This Court has an independent duty to ascertain its jurisdiction and 21 may remand sua sponte for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). 22 “The burden of establishing federal jurisdiction is on the party seeking removal, and the 23 removal statute is strictly construed against removal jurisdiction.” Emrich v. Touche 24 Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal 25 jurisdiction must be rejected if there is any doubt as to the right of removal in the first 26 instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). As…

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