Uddin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MUHAMMAD MOSLEM UDDIN, No. 1:22-cv-01557-ADA-SAB Plaintiff, v. SUA SPONTE ORDER REMANDING

MATTER TO THE SAN JOAQUIN COUNTY

THOMAS LOWE, SUPERIOR COURT Defendant. 16 Defendant Thomas Lowe removed this case from San Joaquin County Superior Court on December 2, 2022. (See ECF No. 1 at 2.) Defendant asserts that the basis for removal is the presence of a federal question. (Id. at 2.) Specifically, Defendant states that his answer to Plaintiff’s complaint alleges Plaintiff’s failure to follow the strict notice requirements of California Code of Civil Procedure section 1161. (Id.) It appears that Defendant relies entirely on the invocation of section 1161 to assert jurisdiction in this Court. 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 Invs. Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d…