SJC II Fourth and Haven, LLC v. Sylvia Young et al

Filing 7

ORDER REMANDING CASE TO STATE COURT by Judge Stephen V. Wilson. Case remanded to San Bernardino County Superior Court, Case number UDFS1707800. Case Terminated. Made JS-6. (mrgo)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 9 SJC II Fourth and Haven, LLC, CASE NUMBER: 10 EDCV 17-02394 SVW (SHKx) 11 Plaintiff 12 13 v. Sylvia Young, et al. ORDER REMANDING CASE TO STATE COURT 14 15 Defendant(s). JS-6 16 17 The Court sua sponte REMANDS this action to the California Superior Court for the 18 County of San Bernardino 19 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 Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002) (quoting Great Northern R. Co. 22 v. Alexander, 246 U.S. 276, 280 (1918)). Where Congress has acted to create a right of removal, 23 those statutes are strictly construed against removal jurisdiction. Id.; Nevada v. Bank of America 24 Corp., 672 F.3d 661, 667 (9th Cir. 2012); Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). 25 Unless otherwise expressly provided by Congress, a defendant may remove “any civil 26 action brought in a State court of which the district courts of the United States have original 27 jurisdiction.” 28 U.S.C. § 1441(a); Dennis v. Hart, 724 F.3d 1249, 1252 (9th Cir. 2013). The 28 removing defendant bears the burden of establishing federal jurisdiction. Abrego Abrego v. CV-136 (12/14) ORDER REMANDING CASE TO STATE COURT Page 1 of 3

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