Lepore

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOLYNN DURAN, CASE NO. 1:20-CV-1495 AWI EPG

11 Plaintiff

ORDER SUA SPONTE REMANDING

12 v. MATTER TO THE MERCED COUNTY

SUPERIOR COURT

13 RYAN LEPORE and AIDEN JOBEL

GOMEZ,

14 Defendants 15

16

17 Defendants removed this case from the Superior Court of Merced County on October 22, 18 2020. See Court’s Docket Doc. No. 1. Defendants assert that the basis for removal is the 19 presence of a federal question. Specifically, Defendants contend that 15 U.S.C. § 1692 and the 20 Fourteenth Amendment of the Constitution are implicated by Plaintiff’s complaint. 21 A district court has “a duty to establish subject matter jurisdiction over the removed action 22 sua sponte, whether the parties raised the issue or not.” United Investors Life Ins. Co. v. Waddell 23 & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The removal statute (28 U.S.C. § 1441) is 24 strictly construed against removal jurisdiction. Geographic Expeditions, Inc. v. Estate of Lhotka, 25 599 F.3d 1102, 1107 (9th Cir. 2010);…