Braga v. Braga

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

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 v.

STEPHEN JOSEPH BRAGA,

Defendant.

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 Notice of Removal could not confer federal jurisdiction, as “[f]ederal jurisdiction cannot be predicated on an actual or anticipated defense.” Vaden v. Discover Bank, 556 U.S. 49, 60 (2009). The Court directed Defendant to respond to the Order to Show Cause by September 22, 2021, and it stated that if 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 Clerk’s Office staff that the Order to Show Cause was mailed to Defendant’s address of record on September 9, 2021. Accordingly, this case is HEREBY REMANDED to the Santa Clara County || 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.

9 Dated: September 29, 2021 tp NM BETH LABSON FREEMAN

United States District Judge

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