Sherzad

(PS)(UD) Wells Fargo Bank, National Association v. Sherzad

Good Law
United States District Court, Eastern District of CaliforniaJanuary 7, 20202:19-cv-02512California725 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WELLS FARGO BANK, NATIONAL No. 2:19-cv-2512-MCE-EFB ASSOCIATION, as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns Mortgage Funding Trust 2006-AR2, ORDER Mortgage Pass-Through Certificates, 14 Plaintiff, 15 v. 16 ATALL SHERZAD, et al., 17 Defendants.

19 On December 16, 2019, Defendants, proceeding pro se, filed a Notice of Removal 20 of this unlawful detainer action from the San Joaquin County Superior Court. ECF No. 21 1. This Court has an independent duty to ascertain its jurisdiction and may remand sua 22 sponte for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). “The burden of 23 establishing federal jurisdiction is on the party seeking removal, and the removal statute 24 is strictly construed against removal jurisdiction.” Emrich v. Touche Ross & Co., 25 846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal jurisdiction must 26 be rejected if there is any doubt as to the right of removal in the first instance.” Gaus v. 27 1 Despite Defendants’ pro se status, the…

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