Bentley Azure LLC v. Ron Adkins

Good Law
United States District Court, Central District of CaliforniaMay 5, 20212:21-cv-03776California1,178 words

Opinion

trial_court Opinion

1 2s 3

JS-6

7 g UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 Bentley Azure LLC, CASE NUMBER: 10 11 CV 21-3776 JFW (Ex) Plaintiff 12 v. 13 |} Ron Adkins, et al.,

ORDER REMANDING CASE TO

14 STATE COURT Defendant(s). 16 17 The Court sua sponte REMANDS this action to the California Superior Court for the 18 ||County of Zps Bugeles 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 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 24 || Am. Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). 25…

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