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

Good Law
United States District Court, Central District of CaliforniaDecember 3, 20192:19-cv-10099California1,157 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 ‘ UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 The Bank of New York Mellon Trust CASE NUMBER: 19 | Company, NA, et al., 11 CV 19-10099-FMO (KSx) Plaintiff 12 Vv. 13 Maya Nudel, et al., ORDER REMANDING CASE TO 14 STATE COURT Ay 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.