Diplomat Property Manager, LLC v. Mario F. Barajas

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CENTRAL DISTRICT OF CALIFORNIA

9 || DIPLOMAT PROPERTY MANAGER, CASE NUMBER: 10 || LLC, ED CV 19-1997-RGK (SPx) Plaintiff V. 13 || MARIO F. BARAJAS, et al.,

ORDER REMANDING CASE TO

STATE COURT Defendant(s). jms 16 The Court sua sponte REMANDS this action to the California Superior Court for the 18 || County of Riverside 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 20 || court must remain there until cause is shown for its transfer under some act of Congress.” Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great Northern R. Co. Alexander, 246 U.S. 276, 280 (1918)). Where Congress has acted to create a right of removal, 23 |i those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of America Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Unless otherwise expressly…