Lucore

Catamount Properties 2018, LLC v. Lucore

Good Law
United States District Court, Southern District of CaliforniaApril 28, 20213:21-cv-00595California689 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CATAMOUNT PROPERTIES 2018, Case No.: 21cv595-L-MDD

LLC,

ORDER REMANDING ACTION TO

Plaintiff, STATE COURT v.

PAUL M. LUCORE,

15 Defendant.

Defendant removed this unlawful detainer action from State court pursuant to 28 U.S.C. §§1331, 1443(1), and 1441. For the reasons stated below, the action is remanded. "Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution or statute, which is not to be expanded by judicial decree. It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Consistent with the limited jurisdiction of federal courts, the removal statute is strictly construed against removal. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). The burden of establishing

27 Unless otherwise noted, internal…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.