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

Good Law
United States District Court, Central District of CaliforniaNovember 13, 20192:19-cv-09573California1,202 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT J S

CENTRAL DISTRICT OF CALIFORNIA ~

THE BANK OF NEW YORK MELLON CASE NUMBER:

10 || TRUST COMPANY, NA, 2:19-cv-9573-SV W(Ex) Plaintiff v. || MAYA NUDEL, PAUL GRAIN, 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 court 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 23 || removal, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of 24 Am. Corp.,…

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