Guardian Plazza DOro LLC v. Anna Lyagacheva

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 Guardian Plaza D'Oro LLC, CASE NUMBER:

2:19-cv-10836-SVW (GJSx) Plaintiff v.

Anna Lyagacheva, et al.,

ORDER REMANDING CASE TO

STATE COURT 15 Defendant(s). 16 The Court sua sponte REMANDS this action to the California Superior Court for the County of San Diego 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 court 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. 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 Am. Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Unless otherwise expressly provided by Congress,…