The Bank of New York Mellon Trust Company, NA v. Maya Nudel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
THE BANK OF NEW YORK MELLON CASE NUMBER:
10 |] TRUST COMPANY, NA, 2:19-09071 JAK (ADSx) Plaintiff Vv. || 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 removal, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of 24 Am. Corp., 672 F.3d 661, 667 (9th Cir.…