Somo

U.S. Bank National Association, As Trustee For Harborview Mortgage Loan Trust 2005-8 v. Somo

Good Law
United States District Court, Southern District of CaliforniaOctober 16, 20193:19-cv-01938California748 words

Opinion

Trial Court Opinion

I. DISCUSSION

25 Congress has authorized a defendant to remove a civil action from state court to 26 federal court. 28 U.S.C. §1441. However, the removing party “always has the burden of 27 establishing that removal was proper.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 28 1992). The district court must remand any case previously removed from a state court “if at any time before final judgment it appears that the district court lacks subject matter jurisdiction.” 28 U.S.C. §1447(c). Moreover, there is a strong presumption against removal jurisdiction. Thus, doubts as to whether the federal court has subject matter jurisdiction must be resolved in favor of remand. See Duncan v. Stuetzle, 76 F.3d 1480, 1485 (9th Cir. 1996); see also Gaus, 980 F.2d at 566 (“Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.”). Although Plaintiffs have not moved the Court to remand, “a district court’s duty to establish subject matter jurisdiction is not contingent upon the parties’ arguments.” See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 966 (9th Cir. 2004). Courts…

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