Ryan Strilaeff v. Thomas J. Jenkins
Opinion
Trial Court Opinion
I. BACKGROUND
On December 11, 2024, Defendants Thomas A. Jenkins, Carole Jenkins, Thomas J. Jenkins, and TJJ Service Trust (“Defendants”) filed a notice of removal of San Bernardino Superior Court Case No: LLTVA2401373 (“NOR,” Dkt. No. 1), purportedly pursuant to
U.S.C. § 1443.
On December 13, 2024, Plaintiff Ryan Strilaeff filed an ex parte application requesting:
(1) That Case No: LLTVA2401373 be remanded back to the Superior Court of California, County of San Bernardino for lack of subject matter jurisdiction; (2) That no further removal to the Central District of California of LLTVA3401373 be filed without leave of this Court, to avoid successive removals to federal court on the eve of each unlawful detainer trial that is set; and (3) For an award of Sanctions against Defendants in an amount deemed appropriate by the Court.
(“Ex Parte,” Dkt. No. 6.)
II. LEGAL STANDARD
Removal jurisdiction is governed by statute. See 28 U.S.C. §1441. The Ninth Circuit applies a strong presumption against removal jurisdiction, ensuring “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (citing…