PR SM Capri, LLC v. Luis Urioste

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9

CAPRI, LLC., CASE NUMBER:

10 11 CV 20-1659-RGK (AGRx) Plaintiff 12 Vv. 13 |} LUIS URIOSTE, et al.,

ORDER REMANDING CASE TO

14 STATE COURT 15 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 (9th Cir. 2012); Gaus v. Miles,…