Brian Cross v. Kenneth Whelan

BACKGROUND

20 On April 14, 2021, Brian Cross (“Plaintiff”) brought an action for unlawful 21 detainer against Kenneth and Kathy Whelan (“Defendants”) in Superior Court of 22 California, County of Orange (case number 30-3021-01106267-CU-UD-CJC). 23 (Dkt. 1 at 6–9.) The complaint alleges that Defendants are in unlawful possession 24 of the premises located at 118 19th Street in Huntington Beach, California (the 25 “Property”) due to their failure to pay rent of $5,500/month since October 2020. 26 (Id. at 18.) On June 22, 2021, Defendants filed a Notice of Removal removing this 27 unlawful detainer to federal court. (Id. at 1–5.) The Court sua sponte REMANDS 28 1 this action to the Superior Court of California, County of Orange, for lack of 2 subject matter jurisdiction, as set forth below. 3 II. 4 DISCUSSION 5 “The right of removal is entirely a creature of statute and a suit commenced 6 in a state court must remain there until cause is shown for its transfer under some 7 act of Congress.” Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 32 (2002) 8 (citation omitted). Where Congress has acted to create…