West Coast Servicing Inc. v. Almeta Powell

Good Law
United States District Court, Central District of CaliforniaMarch 2, 20202:20-cv-01477California1,143 words

Opinion

trial_court Opinion

O 1

JS-6

2 3 4 5 6 7

8 United States District Court 9 Central District of California

10

11 WEST COAST SERVICING, INC., Case № 2:20-CV-01477-ODW (GJSx)

12 Plaintiff,

ORDER REMANDING CASE TO

13 v. 14 A LMETA POWELL, et al., STATE COURT Defendants. 15

16 17 The Court sua sponte REMANDS this action to the California Superior Court 18 for the County of Los Angeles for lack of subject matter jurisdiction, as set forth 19 below.1 20 “The right of removal is entirely a creature of statute and ‘a suit commenced in 21 a state court must remain there until cause is shown for its transfer under some act of 22 Congress.’” Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting 23 Great N. Ry. Co. v. Alexander, 246 U.S. 276, 280 (1918)). Generally, where Congress 24 has acted to create a right of removal, those statutes are strictly construed against 25 removal jurisdiction. Id.; Nevada v. Bank of Am. Corp., 672 F.3d 661, 667 (9th Cir. 26 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). 27 1 After carefully considering the Notice of Removal, the Court deems the matter…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.