Sunny Acre, LLC v. Edgar Meinhardt et al

Filing 8

ORDER SUA SPONTE REMANDING CASE TO STATE COURT FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Mark C. Scarsi: Case to Ventura County Superior Court, Case number 56-02020-0546291-CL-UD-VTA Case Terminated. Made JS-6 (lc)

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JS-6 1 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 3 4 Sunny Acre, LLC, CASE NUMBER: 5 2:22-cv-06445-MCS-MAA 6 Plaintiff(s), 7 v. 8 Edgar Meinhardt et al., ORDER REMANDING CASE TO STATE COURT 9 10 Defendant(s). 11 12 The Court sua sponte REMANDS this action to the California Superior Court for the 13 County of Ventura 14 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 15 court must remain there until cause is shown for its transfer under some act of Congress.’” 16 Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great N. Ry. Co. v. 17 Alexander, 246 U.S. 276, 280 (1918)). Generally, where Congress has acted to create a right of 18 removal, those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of 19 Am. Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). 20 Unless otherwise expressly provided by Congress, a defendant may remove “any civil 21 action brought in a State court of which the district courts of the United States have original 22 jurisdiction.” 28 U.S.C. § 1441(a); Dennis v. Hart, 724 F.3d 1249, 1252 (9th Cir. 2013). The 23 removing defendant bears the burden of establishing federal jurisdiction. Abrego Abrego v. 24 Dow Chem. Co., 443 F.3d 676, 682 (9th Cir. 2006); Gaus, 980 F.2d at 566-67. “Under the plain 25 terms of § 1441(a), in order properly to remove [an] action pursuant to that provision, [the 26 removing defendant] must demonstrate that original subject-matter jurisdiction lies in the federal 27 courts.” Syngenta Crop Prot., 537 U.S. at 33. Failure to do so requires that the case be remanded, 28 as “[s]ubject matter jurisdiction may not be waived, and . . . the district court must remand if it CV-136 (03/22) ORDER REMANDING CASE TO STATE COURT Page 1 of 3

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