Chavez

(PS) Chavez v. Chavez

Good Law
United States District Court, Eastern District of CaliforniaAugust 16, 20222:22-cv-01431California757 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUDOLFO CHAVEZ, No. 2:22-cv-01431-TLN-KJN Plaintiff, v. SUA SPONTE REMAND ORDER LEAH CHAVEZ, Defendant. 16 This matter is before the Court pursuant to Defendant Leah Chavez’s (“Defendant”) Notice of Removal. (ECF No. 1.) For the reasons set forth below, the Court hereby REMANDS the action to the Superior Court of California, County of San Joaquin, due to lack of subject matter jurisdiction. /// /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On August 12, 2022, Defendant filed a pro se Notice of Removal removing what appears to be a dissolution of marriage action from the San Joaquin County Superior Court. (ECF No. 1.) Defendant did not attach a state court complaint (“Complaint’) to the Notice of Removal. Defendant indicates removal is based on federal question jurisdiction. (ECF No. 1-1.) II. STANDARD OF LAW 28 U.S.C. § 1441 permits the removal to…

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