The Bank of New York Mellon v. Kenneth Kain

Good Law
United States District Court, Central District of CaliforniaNovember 7, 20192:19-cv-09004California516 words

Opinion

Trial Court Opinion

Jo-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:19-cv-09004-RGK-SS Date November 7, 2019 Title The Bank of New York Mellon v. Kenneth Kain

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE Sharon L. Williams Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO

SUPERIOR COURT

On October 18, 2019, Defendant Kenneth Kain (“Defendant”), representing himself in pro se, removed this action from state court. Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441, et seg. 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…

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