Breckenridge Property Fund 2016, LLC v. Farid Khan

Good Law
United States District Court, Central District of CaliforniaFebruary 20, 20202:20-cv-01544California1,185 words

Opinion

Trial Court Opinion

JS- / REMAND 2 3 4 5 . 7 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

? Breckenridge Property Fund 2016, LLC, CASE NUMBER: 10 CV 20-1544-DMG (KSx) Plaintiff v. 13 || Farid Khan 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 Los Angeles 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.” 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…

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