Lucore
Catamount Properties 2018, LLC v. Lucore
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…