Obrian
Yinxing Investment, LLC v. Obrian
Opinion
Trial Court Opinion
1
JS- / REMAND
3 4 5 6 7 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
YINXING INVESTMENT, LLC , CASE NUMBER:
10 CV 21-2639-DMG (JPRx) Plaintiff Vv. 13 || MICHAEL OBRIAN 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 18 || County of Los Angeles 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…