Robert Simmermon v. Chuck Mai
Opinion
trial_court Opinion
CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA
CIVIL MINUTES - GENERAL
Case No. EDCV 19-02350-RGK (KKx) Date December 17, 2019 Title ROBERT SIMMERMON v. CHUCK MAI, et al
Present: The R. GARY KLAUSNER, U.S. DISTRICT JUDGE Honorable Sharon L. Williams (Not Present) Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO
SUPERIOR COURT
On December 6, 2019, Andrew Mai (“Defendant”) removed this action from the Los Angeles County Superior Court of California to the United States District Court, Central District of California on the basis of federal question jurisdiction, pursuant to 28 U.S.C. § 1331. Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441, et seq. The Ninth Circuit has held unequivocally that the removal statute is construed strictly against removal. Ethridge v. Harbor House Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). The strong presumption against removal jurisdiction means that “the defendant always has the…