People of the State of California v. Pomona Lodge LLC

I. BACKGROUND

This is a public nuisance abatement action filed in state court on March 29, 2024, by the People of the State of California (by and through the City of Pomona) (the “City”) against Defendants Pomona Lodge LLC, Kanu Patel, Hemlata Patel, HJ Hospitality, Inc., Hima Naik, and Does 1 through 50. (Dkt. No. 1- (“Complaint”).) On October 10, 2024 Defendants Kanu and Hemlata Patel removed this action from Los Angeles Superior Court to this Court on the grounds that this Court has jurisdiction under 28 U.S.C. section 1441(c)(1)(A) because the “alleged sex and drug trafficking claims” require Plaintiff to prove “the exercise of its police powers is being exercised for public use and not for purposes of ‘Private Taking.” (Dkt. No. 1 at 2.) On November 7, 2024, Plaintiff filed the instant Motion. Il. STATEMENT OF LAW 28 U.S.C. § 1441 provides: “Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place…