Emmons
Able P.M. Inc. v. Emmons
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 ABLE P.M. INC., d/b/a Able Property CASE NO. 1:21-CV-1778 AWI JLT Management, 9 Plaintiff ORDER SUA SPONTE REMANDING MATTER TO THE KERN COUNTY v. SUPERIOR COURT
KENNETH EMMONS, CRYSTAL
EMMONS and DOES 1-10,
Defendants
14 Defendants removed this case from the Superior Court of Kern County on December 16, 2021. See Court’s Docket Doc. No. 1. Defendants assert that the basis for removal is the presence of a federal question. Specifically, Defendants contend that they filed an answer to Plaintiff’s unlawful detainer complaint that alleged Plaintiff failed to follow the strict notice requirements of California Code of Civil Procedure § 1161. It is through the invocation § 1161 in their answer that Defendants assert that jurisdiction exists. See id. A district court has “a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not.” United Investors Life Ins. Co. v.…