Cecilia Cole v. Raju Patel

I. BACKGROUND

This case 1s about a commercial unlawful detainer action following the expiration of a fixed-term lease. (Mot. at 1.) On July 1, 2024, following the expiration of the lease, Plaintiffs filed an unlawful detainer action against Defendants in Orange County Superior Court.’ (Id. at 2.) Defendants filed an answer in state court on July 15, 2024. (Id.) While the parties were disputing discovery, Defendants filed a notice of removal. (Dkt. No. 1.) This notice was issued on October 1, 2024. (Id.) Plaintiffs now request that the case be remanded back to state court. (Mot. at 1.) If. LEGAL STANDARD Under 28 U.S.C. § 1441(a), a defendant may remove a civil action from state court to federal court so long as original jurisdiction would lie in the court to which the action

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CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 8:24-cv-02132-JVS-ADS Date November 25, 2024 Title Cole et al. v. Patel et. al. is removed. City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156, 163 (1997). According to the Ninth Circuit, courts should “strictly construe the removal statute against removal…