County of Riverside v. Dung T. Lam

Good Law
United States District Court, Central District of CaliforniaOctober 6, 20205:20-cv-02013California431 words

Opinion

Trial Court Opinion

JS6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 5:20-cv-02013-RGK-JPR Date October 6, 2020 Title COUNTY OF RIVERSIDE v. DUNG T. LAM, et al

Present: The Honorable R. GARY KLAUSNER, U.S. DISTRICT JUDGE Joseph Remigio (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 September 29, 2020, Defendant Dung T. Lam (“Defendant”) removed this action from state court, asserting federal subject matter jurisdiction based on a federal question. 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…

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