Carlos Elenes v. Kapil Sud

Good Law
United States District Court, Central District of CaliforniaAugust 1, 20228:22-cv-01339California1,201 words

Opinion

Trial Court Opinion

Case 8:22-cv-01339-DOC-ADS Document9 Filed 08/01/ Pagelof3 Page ID #:

JS

2 4 6 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CARLOS ELENES, ET AL. CASE NUMBER:

10 8:22-CV-01339-DOC-ADS Plaintiff v.

KAPIL SUD, ET AL. ORDER REMANDING CASE TO

STATE COURT Is Defendant(s). 16 The Court sua sponte REMANDS this action to the California Superior Court for the 18 County of Orange 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.” Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great N. Ry. Co. v. 22 || Alexander, 246 U.S. 276, 280 (1918)). Generally, where Congress has acted to create a right of 23 |! removal, those statutes are strictly construed against removal…

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