Sunny Acre, LLC v. Edgar Meinhardt
Opinion
Trial Court Opinion
JS-
CIVIL MINUTES – GENERAL
Case No. CV 21-8013 MWF (KESx) Date: October 18, 2021 Title Sunny Acre, LLC v. Edgar Meinhardt, et al.
Present: The Honorable: MICHAEL W. FITZGERALD, United States District Judge
Rita Sanchez Not Reported Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present
Proceedings: (IN CHAMBERS) ORDER REMANDING CASE TO STATE COURT
The Court sua sponte REMANDS this action to the California Superior Court for the County of Ventura 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 court must remain there until cause is shown for its transfer under some act of Congress.’” Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great Northern R. Co. v. Alexander, 246 U.S. 276, 280 (1918)). Where Congress has acted to create a right of removal, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of America Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v.…