Case Information
*1 JS-6 UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA BRECKENRIDGE PROPERTY FUND CASE NUMBER: 2016, LLC, 5:19-cv-02359-DOC-SHKx Plaintiff v. CAROLYN L. ROBINSON, et al., ORDER REMANDING CASE TO STATE COURT Defendant(s).
The Court sua sponte REMANDS this action to the California Superior Court for the Riverside County of 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. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).
Unless otherwise expressly provided by Congress, a defendant may remove “any civil action brought in a State court of which the district courts of the United States have original jurisdiction.” 28 U.S.C. § 1441(a); Dennis v. Hart, 724 F.3d 1249, 1252 (9th Cir. 2013). The removing defendant bears the burden of establishing federal jurisdiction. Abrego Abrego v. *3 ✔ Diversity jurisdiction is lacking:
Every defendant is not alleged to be diverse from every plaintiff. 28 U.S.C. § ✔ 1332(a). The Complaint does not allege damages in excess of $75,000, and removing ✔ defendant(s) has not plausibly alleged that the amount in controversy requirement has been met. Id.; see Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719, 2014 WL 7010692, at *6 (U.S. Dec. 15, 2014). The underlying unlawful detainer action is a limited civil action that does not ✔ exceed $25,000.
IT IS THEREFORE ORDERED that this matter be, and hereby is, REMANDED to the Superior Court of California listed above, for lack of subject matter jurisdiction.
IT IS SO ORDERED.
Date: December 13, 2019 David O. Carter United States District Judge