Asghedom
(UD)(PS) Save Mart Supermarkets v. Asghedom
Opinion
Trial Court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
24 On November 4, 2019, Save Mart Supermarkets (“Plaintiff”) brought an action for unlawful detainer against Defendant for possession of the real property known 2321-C &D N. Tracy Blvd., Tracy, CA 95376 (“the Property”). (Notice of Removal, ECF No. 1 at 14.) On February 14, 2020, Defendant filed a Notice of Removal removing this unlawful detainer action from the San Joaquin 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 time 10 …