Lafountain
(UD)(PS) Community Fund LLC v. Lafountain
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COMMUNITY FUND, LLC, No. 2:23-cv-00634-DJC-DB Plaintiff, v. ORDER JEFF LAFOUNTAIN, Defendant. 16 This is an unlawful detainer action brought under California state law by plaintiff Community Fund, LLC against defendant Jeff Lafountain. It was originally filed Solano County Superior Court. On Wednesday, April 5, 2023, Defendant filed a Notice of Removal with this Court, seeking to remove an action from Solano County Superior Court. (Notice of Removal (ECF No. 1).) 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 Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The removal statute, 28 U.S.C. § 1441, is strictly construed against removal jurisdiction. Geographic Expeditions, Inc. v. Estate of Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010); Provincial Gov’t of Marinduque v.…