(PS)Mudaliar

(PS)Mudaliar v. Prasad

Good Law
United States District Court, Eastern District of CaliforniaJuly 12, 20222:22-cv-01034California791 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SASHI R. MUDALIAR, Case No. 2:22-cv-01034-TLN-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT THIS ACTION BE SUA SPONTE

v. REMANDED FOR LACK OF SUBJECT

MATTER JURISDICTION

RAJESH PRASAD,

Defendant. 16 Plaintiff commenced this action in the Sacramento County Superior Court, seeking, among things, a judgment partitioning by sale real property that is jointly owned by the parties. On June 14, 2022, defendant, who is proceeding without counsel, removed this case to this court. ECF No. 1. In the notice of removal, defendant states that this court has federal question jurisdiction pursuant to 28 U.S.C. § 1331. Contrary to that contention, the complaint does not assert a federal claim or otherwise establish subject matter jurisdiction. I therefore recommend that this action be remanded sua sponte to state court.1 A district court has an independent duty to ascertain its jurisdiction and may remand sua 25 …

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