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Lawrance Garcia v. Home Depot U.S.A.

UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA


April 20, 2012

LAWRANCE GARCIA
v.
HOME DEPOT U.S.A., INC., ET AL.

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

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS: None None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS: None

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING ACTION TO VENTURA COUNTY SUPERIOR COURT

On January 5, 2012, Plaintiff Lawrance Garcia ("Plaintiff") filed a Complaint against Defendant Home Depot U.S.A., Inc. ("Defendant") in Ventura County Superior Court. On April 9, 2012, Defendant filed a Notice of Removal of Action Under 28 U.S.C. Section 1441(b) ("Notice of Removal"), alleging that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(a).

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. 1990). As the party invoking federal jurisdiction, Defendants bear the burden of demonstrating that removal is proper. See, e.g., Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992); Emrich v. Touche

, 846 F.2d 1190, 1195 (9th Cir. 1988).

Diversity jurisdiction founded under 28 U.S.C. § 1332(a) requires that (1) all plaintiffs be of different citizenship than all defendants, and (2) the amount in controversy exceed $75,000. See 28 U.S.C. § 1332. In its Notice of Removal, Defendant fails to allege the citizenship of Plaintiff. Accordingly, this action is REMANDED to Ventura County Superior Court for lack of subject matter *fn1 See 28 U.S.C. § 1447(c). IT IS SO ORDERED.


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