Link LP v. Elaine Draudt

Good Law
United States District Court, Central District of CaliforniaAugust 20, 20212:21-cv-06708California1,143 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Link LP, CASE NUMBER: 10 2:21-cv-06708-GW-KS Plaintiff Vv. 13 || Elaine Draudt 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.” 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,…

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