Wells Fargo, N.A. v. Dennis E Berglund

Good Law
United States District Court, Central District of CaliforniaDecember 5, 20198:19-cv-02328California1,118 words

Opinion

Trial Court Opinion

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5 6 7 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 Wells Fargo, N.A. CASE NUMBER: 10 8:19-cv-02328-J VS-KES Plaintiff Vv. 13 |} Dennis E Berglund, 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 Orange 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 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 removal, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of 24 |! Am. Corp., 672 F.3d 661, 667 (9th Cir.…

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