Valiente

(UD)(PS) Homecoming At Creekside LLC v. Valiente

Good Law
United States District Court, Eastern District of CaliforniaAugust 31, 20232:23-cv-01129California934 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HOMECOMING AT CREEKSIDE LLC, No. 2:23-cv-01129-DAD-DB (PS) Plaintiff, v. ORDER SUA SPONTE REMANDING CASE

TO SACRAMENTO COUNTY SUPERIOR

MARYLOU VALIENTE, COURT AND DENYING MOTION TO

PROCEED IN FORMA PAUPERIS AS MOOT

Defendant. (Doc. No. 2) 16 This is an unlawful detainer action brought under California state law by plaintiff Homecoming At Creekside LLC. On June 13, 2023, defendant, proceeding pro se, removed this case to this federal court from the Sacramento County Superior Court. (Doc. No. 1.) According to defendant, removal is proper because defendant has a defense under federal law. (Id. at 3–4.) Also on June 13, 2023, defendant filed a motion to proceed in forma pauperis. (Doc. No. 2.) 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,…

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