Moore

(UD)(PS) May v. Moore

Good Law
United States District Court, Eastern District of CaliforniaDecember 13, 20192:19-cv-02421California733 words

Opinion

Trial Court Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

23 On September 19, 2019, Plaintiff Patricia May (“Plaintiff”) brought an action for unlawful detainer against Defendant for possession of the real property known as 8036 Greenwood Avenue, California City, California 93505 (“the Property”). (Notice of Removal, ECF No. 1, at 6.) On December 3, 2019, Defendant filed a Notice of Removal removing this unlawful detainer action from the Kern County Superior Court. (ECF No. 1.) II. STANDARD OF LAW 28 U.S.C. § 1441 permits the removal to federal court of any civil action over which “the district courts of the United States have original jurisdiction.” 28 U.S.C. § 1441(a). “Removal is proper only if the court could have exercised jurisdiction over the action had it originally been filed in federal court.” Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Courts “strictly construe the removal statute against removal jurisdiction,” and “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (per curiam). Furthermore, “[i]f the district court at any…

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