McNair

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TC MIRAMONTE 1 LLC, No. 2:24-cv-01409-DJC-CSK 12 Plaintiff, 13 v. ORDER 14 DAMION MCNAIR and DOES 1 15 through 10, inclusive, 16 Defendants. 17

18 19 This is an unlawful detainer action brought under California state law by Plaintiff 20 TC Miramonte 1 LLC against Defendants Damion McNair and Does 1 through 10. On 21 Friday, May 17, 2024, Defendant McNair filed a Notice of Removal in federal court, 22 seeking to remove the action from Sacramento County Superior Court. (See Not. of 23 Removal from Sacramento Cnty. Superior Ct. (ECF No. 1) (“Removal Not.”).) 24 A district court has “a duty to establish subject matter jurisdiction over the 25 removed action sua sponte, whether the parties raised the issue or not.” United 26 Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The 27 removal statute, 28 U.S.C. § 1441, is strictly construed against removal jurisdiction. 28 Geographic Expeditions, Inc. v. Estate of Lhotka, 599 F.3d 1102, 1107 (9th Cir.…