The Bank of New York Mellon Trust Company NA v. Maya Nudel

Good Law
United States District Court, Central District of CaliforniaOctober 17, 20192:19-cv-08652California1,135 words

Opinion

Trial Court Opinion

JS-

5 6 7 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER:

10 || The Bank of New York Mellon Trust gy || Ee CV 19-8652 JEW (MRWx) Plaintiff Vv. 13 Maya Nudel, et al., ORDER REMANDING CASE TO STATE COURT Defendant(s). 16 The Court sua sponte REMANDS this action to the California Superior Court for the County of Los Angeles 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 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 |lremoval, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980…

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