Braga
Braga v. Braga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DOROTHY CATHERINE BRAGA, by and Case No. 21-cv-06331-BLF through the Conservator of her Person and her Estate, Mary Ann Warren, the Public Guardian of the County of Santa Clara, ORDER REMANDING ACTION TO SANTA CLARA COUNTY SUPERIOR Plaintiffs, COURT 11 v.
STEPHEN JOSEPH BRAGA,
13 Defendant.
15 16 Defendant Stephen Joseph Braga removed this probate action from the Santa Clara County Superior Court on August 16, 2021. See Not. of Removal, ECF 1. On September 8, 2021, this Court sua sponte issued an Order to Show Cause why the action should not be remanded for lack of subject matter jurisdiction. See OSC, ECF 8. The Court noted that the action appears to fall squarely within the probate exception to federal jurisdiction, citing Goncalves By & Through Goncalves v. Rady Children’s Hosp. San Diego, 865 F.3d 1237, 1251 (9th Cir. 2017). The Court also advised that Defendant’s reference to federal statutes in the…