The Bank of New York Mellon Trust Company NA v. Maya Nudel
Opinion
Trial Court Opinion
CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA
CIVIL MINUTES - GENERAL
Case No. 2:20-cv-06331-RGK-PVC Date July 21, 2020 Title THE BANK OF NEW YORK MELLON TRUST CO. NA v. MAYA NUDEL, et al
Present: The Honorable R. GARY KLAUSNER, U.S. DISTRICT JUDGE Sharon L. Williams (not present) Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO
SUPERIOR COURT
On July 16, 2020, Defendant Maya Nedel, representing herself in pro se, removed this action from state court. Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441, et seq. The Ninth Circuit has held unequivocally that the removal statute is construed strictly against removal. Ethridge v. Harbor House Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). The strong presumption against removal jurisdiction means that “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (citing Nishimoto v. Federman-Bachrach &…