Sapir v. Home Depot U.S.A. Inc.

Full title: Michael Sapir, as trustee of the Sapir Family Trust v. Home Depot U.S.A., Inc., et al.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jan 17, 2012

Facts

On November 15, 2011, Plaintiff Michael Sapir as trustee of the Sapir Family Trust (“Plaintiff”) filed a First Amended Complaint against Defendant Home Depot U.S.A., Inc. (“Defendant”) in Los Angeles County Superior Court. On December 15, 2011, Defendant filed a Notice of Removal of Civil Action to the United States District Court for the Central District of California (“Notice of Removal”), alleging that this Court has jurisdiction under 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 District, 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. Stuetzle, 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, Defendant bears 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 Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988).

Issue

Decision

Accordingly, Defendant has failed to satisfy its burden of establishing that diversity jurisdiction exists. This action is REMANDED to Los Angeles County Superior Court for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c).

IT IS SO ORDERED.

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