Preciado
Wells Fargo, N.A. v. Preciado
Opinion
Trial Court Opinion
I. DISCUSSION
26 Congress has authorized a defendant to remove a civil action from state court to 27 federal court. 28 U.S.C. §1441. However, the removing party “always has the burden of 28 establishing that removal was proper.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 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.”). Pursuant to 28 U.S.C. § 1446, a defendant must remove the action within thirty days of receiving service of the summons and complaint. Here, the summons and complaint were served on October 24 and October 25, 2018. (Doc. No. 6-2 at 5.) The removal was not filed until…