AVB Cerittos, LLC v. Kevin Brown

Good Law
United States District Court, Central District of CaliforniaDecember 3, 20192:19-cv-10089California1,195 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT J S-6

CENTRAL DISTRICT OF CALIFORNIA

9

AVB CERRITOS, LLC, CASE NUMBER:

10 11 CV 19-10089-SVW (KSx) Plaintiff 12 Vv. 13 || KEVIN BROWN ET AL.,

ORDER REMANDING CASE TO

14 STATE COURT 15 Defendant(s). 16 17 The Court sua sponte REMANDS this action to the California Superior Court for the 18 |/County of Los Angeles for lack of subject matter jurisdiction, as set forth below. 19 “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.” 21 || 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., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v.…

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