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Zr Investment, LLC v. Sammy Abekasis

February 16, 2012

ZR INVESTMENT, LLC
v.
SAMMY ABEKASIS, AS EXECUTOR OF THE ESTATE OF RENE ABEKASIS



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

PRIORITY SEND

JS-6

CIVIL MINUTES -- GENERAL

S. Eagle Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING ACTION TO LOS ANGELES SUPERIOR COURT

On November 1, 2011, Plaintiff ZR Investment, LLC ("Plaintiff") filed a Complaint for Unlawful Detainer against Defendant Estate of Rene Abekasis in Los Angeles Superior Court. On February 7, 2012, Sammy Abekasis, as Executor of the Estate of Rene Abekasis ("Abekasis") , filed a Notice of Removal, alleging that this Court has jurisdiction.

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See Bender v. Williamsport Area School , 475 U.S. 534, 541 (1986). "Because of the Congressional purpose to restrict the jurisdiction of the federal courts on removal, the statute is strictly construed, and federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Duncan v. , 76 F.3d 1480, 1485 (9th Cir. 1996) (citations and quotations omitted). There is a strong presumption that the Court is without jurisdiction unless the contrary affirmatively appears. See Fifty Associates v. Prudential Insurance Company of America, 446 F.2d 1187, 1190 (9th Cir. ...


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