Bailey
Bailey v. FGV Fresno LP
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 3 EDWARD BAILEY, et al., CASE NO. 1:21-CV-1754 AWI SAB Plaintiffs
ORDER SUA SPONTE REMANDING
v. MATTER DUE TO LACK OF
JURISDICTION AND DENYING
FGV FRESNO LP, et al., MOTION TO PROCEED IN FORMA
PAUPERIS AS MOOT
Defendants (Doc. Nos. 1, 2) Defendant Rodney Bernaldo removed this case from the Superior Court of Fresno County on December 10, 2021. See Court’s Docket Doc. No. 1. The Complaint contains four state law causes of action relating to a landlord tenant relationship. See id. Defendant asserts that the basis for removal is diversity jurisdiction (28 U.S.C. § 1332), federal question jurisdiction (28 U.S.C. § 1331), and federal civil rights jurisdiction (28 U.S.C. § 1343). 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. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th…