1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 DOROTHY CATHERINE BRAGA, by and Case No. 21-cv-06331-BLF through the Conservator of her Person and 9 her Estate, Mary Ann Warren, the Public Guardian of the County of Santa Clara, ORDER REMANDING ACTION TO 10 SANTA CLARA COUNTY SUPERIOR Plaintiffs, COURT 11 v. 12 STEPHEN JOSEPH BRAGA, 13 Defendant. 14

15 16 17 Defendant Stephen Joseph Braga removed this probate action from the Santa Clara County 18 Superior Court on August 16, 2021. See Not. of Removal, ECF 1. On September 8, 2021, this 19 Court sua sponte issued an Order to Show Cause why the action should not be remanded for lack 20 of subject matter jurisdiction. See OSC, ECF 8. The Court noted that the action appears to fall 21 squarely within the probate exception to federal jurisdiction, citing Goncalves By & Through 22 Goncalves v. Rady Children’s Hosp. San Diego,

(9th Cir. 2017). The Court 23 also advised that Defendant’s reference to federal statutes in the Notice of Removal could not 24 confer federal jurisdiction, as “[f]ederal jurisdiction cannot be predicated on an actual or 25 anticipated defense.” Vaden v. Discover Bank,

(2009). The Court directed 26 Defendant to respond to the Order to Show Cause by September 22, 2021, and it stated that if 27 Defendant failed to respond, or did respond but failed to establish a basis for federal jurisdiction, 1 Defendant has not responded to the Order to Show Cause. The Court has confirmed with 2 Clerk’s Office staff that the Order to Show Cause was mailed to Defendant’s address of record on 3 September 9, 2021. Accordingly, this case is HEREBY REMANDED to the Santa Clara County 4 || Superior Court for lack of federal jurisdiction. 5 Plaintiff's motion to remand, filed on September 14, 2021, is terminated as moot. 6 The Clerk shall close the file. 7 IT IS SO ORDERED. 8 9 Dated: September 29, 2021 tp 10 NM BETH LABSON FREEMAN 11 United States District Judge 12

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