Frances Ilene Pitruzzello v. Darnell Phillips
United States District Court, Central District of CaliforniaJune 17, 20225:22-cv-00947California912 words
Opinion
Trial Court Opinion
Case 5:22-cv-00947-JGB-SP Document Filed 06/17/ Page 1 of Page ID #:
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
FRANCES ILENE PITRUZZELLO,
CASE NUMBER:
10 5:22-cv-00947-JGB (SPx) Plaintiff v. DARNELL PHILLIPS, et al.,
ORDER REMANDING CASE TO
STATE COURT 15 Defendant(s). 16 The Court sua sponte REMANDS this action to the California Superior Court for the 18 County of R i v e r s i d e for lack of subject matter jurisdiction, as set forth below. “The right of removal is entirely a creature of statute and ‘a suit commenced in a state 20 court must remain there until cause is shown for its transfer under some act of Congress.’” 21 Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great Northern R. Co. 22 v. Alexander, 246 U.S. 276, 280 (1918)). Where Congress has acted to create a right of removal, 23 those statutes are strictly construed against removal jurisdiction. Id.;…