The Bank of New York Mellon Trust Company, NA v. Maya Nudel

Good Law
United States District Court, Central District of CaliforniaMarch 2, 20202:20-cv-01903California1,166 words

Opinion

trial_court Opinion

1 2 JS-6 3 4 5 . 6 7 3 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9

THE BANK OF NEW YORK MELLON CASE NUMBER:

10 || TRUST COMPANY, et al., 11 CV-20-1903-JFW(Ex) Plaintiff 12 ” 13 | MAYA NUDEL, et al.,

ORDER REMANDING CASE TO

14 STATE COURT 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…

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