Venessa Raspa v. The Hertz Corporation
Opinion
Trial Court Opinion
CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA
CIVIL MINUTES - GENERAL
Case No. 2:24-cv-03710-RGK-KS Date May 10, 2024 Title VENESSA RASPA v. THE HERTZ CORP. AND GEORGE ALLEN
Present: The Honorable R. GARY KLAUSNER, U.S. DISTRICT JUDGE Joseph Remigio Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO
SUPERIOR COURT
On May 3, 2024 Defendant The Hertz Corporation (“Hertz”) removed this action from the Los Angeles County Superior Court to federal court on the basis of diversity of citizenship. Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441, et seq. The Ninth Circuit has held unequivocally that the removal statute is construed strictly against removal. Ethridge v. Harbor House Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). The strong presumption against removal jurisdiction means that “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles, Inc., 980 F.2d 564, 566…