Krauss

Krauss v. Rushmore Loan Management Services LLC

Good Law
United States District Court, Northern District of CaliforniaDecember 8, 20233:23-cv-04511California1,291 words

Opinion

Trial Court Opinion

DISCUSSION

22 “Federal courts are courts of limited jurisdiction. They possess only the power authorized 23 by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 24 (1994). “Subject matter jurisdiction can never be forfeited or waived and federal courts have a 25 continuing independent obligation to determine whether subject matter jurisdiction exists.” Leeson 26 v. Transamerica Disability Income Plan, 671 F.3d 969, 975 n.12 (9th Cir. 2012) (internal 27 quotation marks and citations omitted). Indeed, even if no party raises a concern about subject matter jurisdiction, federal courts must sua sponte address the issue unless it is satisfied that subject matter jurisdiction exists. Gonzalez v. Thaler, 565 U.S. 134, 141 (2012). A defendant may remove an action from state court to federal court so long as the federal court has original jurisdiction. 28 U.S.C. § 1441(a). Federal subject matter jurisdiction under 28 U.S.C. § 1332(a)(1) requires complete diversity of citizenship and an amount in controversy in excess of $75,000. Federal subject matter jurisdiction under 28 U.S.C. § 1331 requires a civil action to arise…

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