Cobra 28 No 8 LP v. Fernando Aguilar
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. 5:23-cv-00542-MEMF-SPx Date: May 3, 2023 Title Cobra 28 No 8 LP v. Fernando Aguilar et al
Present: The Honorable: Maame Ewusi-Mensah Frimpong
Kelly Davis N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
N/A N/A
Proceedings: Minute Order Granting Ex Parte Application to Remand On April 12, 2023, Plaintiff Cobra 28 No 8 LP (“Cobra”) filed an Ex Parte Application to Remand Case. ECF No. 8. “The right of removal is entirely a creature of statute and ‘a suit commenced in a state 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. Alexander, 246 U.S. 276, 280 (1918)). Generally, where Congress has acted to create a right of removal, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of Am. Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Unless otherwise expressly provided by Congress, a…