Tetralink2-AFC
Tetralink2-AFC v. State of California
Opinion
Trial Court Opinion
I. Background and Procedural History
This is a case challenging a juvenile dependency matter that terminated in late 2019. See generally Complaint (Dkt. 1).
On September 15, 2021, Plaintiff filed his complaint against Defendant in this Court and sought leave to proceed in forma pauperis (Dkt. 2). The Court denied the request on September 23, 2021 (Dkt. 6).
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). A federal court may order remand for lack of subject matter jurisdiction or any other procedural defect. 28 U.S.C. § 1447(c).
CIVIL MINUTES – GENERAL
Case No. SA CV 21-01528-DOC-ADS Date: September 27, 2021 Page
If the court lacks subject matter jurisdiction, any action it takes is ultra vires and void. See Gonzalez v. Crosby, 545 U.S. 524, 534 (2005); Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94, 101–02 (1998). The lack of subject matter jurisdiction may be raised at any time by either the parties or the court. Fed. R. Civ. P. 12(h)(3). If subject matter jurisdiction is found to be lacking, the court must dismiss…