Red Oaks Villas v. Ashley Williams

Good Law
United States District Court, Central District of CaliforniaJuly 30, 20205:20-cv-01466California1,130 words

Opinion

Trial Court Opinion

JS-

2 3 4 5 6 7 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RED OAKS VILLAS, CASE NUMBER:

10 ll EDCV 20-1466-JGB (KKx) Plaintiff V. 13 |} ASHLEY WILLIAMS, ET AL.,

ORDER REMANDING CASE TO

STATE COURT Defendant(s). 16 The Court sua sponte REMANDS this action to the California Superior Court for the County of San Bernardino for lack of subject matter jurisdiction, as set forth below. “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.” 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 Am. Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus…

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