Aguilera

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JUAN AGUILERA and VERONICA CASE NO. 1:22-CV-1404 AWI EPG

AGUILERA,

9 Plaintiffs ORDER SUA SPONTE REMANDING 10 MATTER TO THE STANISLAUS v. COUNTY SUPERIOR COURT 11

MAXINE SEGOVIA,

12 Defendant 13 14 15 Defendant removed this case from the Superior Court of Stanislaus County on November 16 1, 2022. See Court’s Docket Doc. No. 1. Defendant asserts that the basis for removal is the 17 presence of a federal question. See id. Specifically, Defendant contends that there has been a 18 violation of the strict notice requirements of California Code of Civil Procedure § 1161. See id. 19 A district court has “a duty to establish subject matter jurisdiction over the removed action 20 sua sponte, whether the parties raised the issue or not.” United Investors Life Ins. Co. v. Waddell 21 & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The removal statute (28 U.S.C. § 1441) is 22 strictly construed against removal jurisdiction. Geographic Expeditions, Inc. v. Estate of Lhotka, 23 599…