Louden, LLC v. Coretta Calloway
Opinion
trial_court Opinion
1 2 3 4 5 6 7
UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA 9
LOUDEN, LLC,
CASE NUMBER:
10 11 5:20-cv-00407-JLS-SHKx Plaintiff 12 v. 13 CORETTA CALLOWAY, 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 R i v e r s i d e 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 Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great Northern R. Co. 22 v. Alexander, 246 U.S. 276, 280 (1918)). Where Congress has acted to create a right of removal, 23 those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of America 24 Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). 25 Unless otherwise…