Barbara Waldrup v. Countrywide Financial Corporation et al

Filing 320

MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder:ORDER REJECTING MOTION TOINTERVENE.On September 10, 2018, the Court received a motion for leave to file in camera and under seal a verified complaint in interpleader in the above action and declar atory relief, which the Court construes as a motion to intervene.The proposed intervenor has not demonstrated that this Court has subject matterjurisdiction over the motion to intervene. The Court explained earlier that in forcible detainer actions, the sole issue is right of possession and there is no dollar amount in controversy. The proposed intervenor has not demonstrated that he is the owner of the property at issue, therefore the amount that the previous owner paid to purchase his residenc e is irrelevant. Accordingly, the Court rejects the proposed intervenors motion to intervene and the Courtroom Deputy Clerk will return the documents that the proposed intervenor submitted to the Court.1 Due to the proposed intervenors request to fil e the motion tointervene in camera and under seal, the Court hereby serves this minute order by mail to the proposed intervenor. (Footnote 1: The proposed intervenor sent the Court a document purporting to transfer the title of his lease to the Court. The Court rejects this document as it cannot properly accept legal title to the proposed intervenors lease.) .(lc) Modified on 11/13/2018. (lc).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:13-cv-08833-CAS(AGRx); c/w
Date  November 13, 2018
2:16-cv-04166-CAS(AGRx)
BARBARA WALDRUP v. COUNTRYWIDE FINANCIAL
CORPORATION, ET AL.; C/W: ELIZABETH WILLIAMS; ET AL. v.
COUNTRYWIDE FINANCIAL CORPORATION; ET AL.

Present: The Honorable

CHRISTINA A. SNYDER

Catherine Jeang
Not Present
N/A
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present

Not Present
Proceedings:

(IN CHAMBERS) – ORDER REJECTING MOTION TO
INTERVENE

On September 10, 2018, the Court received a motion for leave to file in camera
and under seal a verified complaint in interpleader in the above action and declaratory
relief, which the Court construes as a motion to intervene. The proposed intervenor
apparently seeks an order preventing defendants Bank of America and Countrywide from
evicting him from the premises that he leases in Arizona. He requests that his motion be
sealed on the grounds that if his identity were known he would face some form of
retaliation. On September 26, 2018, the Court issued an order to show cause why this
Court has jurisdiction over the motion to intervene. The proposed intervenor submitted a
letter along with real estate closing and settlement documents belonging to the previous
owner of his residence. The proposed intervenor argues that the amount in controversy is
satisfied because his residence was purchased by the previous owner for at least $75,000.
The proposed intervenor has not demonstrated that this Court has subject matter
jurisdiction over the motion to intervene. The Court explained earlier that in forcible
detainer actions, the sole issue is right of possession and there is no dollar amount in
controversy. The proposed intervenor has not demonstrated that he is the owner of the
property at issue, therefore the amount that the previous owner paid to purchase his
residence is irrelevant.
Accordingly, the Court rejects the proposed intervenor’s motion to intervene and
the Courtroom Deputy Clerk will return the documents that the proposed intervenor

CV-8833, CV-4166 (3/18)

CIVIL MINUTES - GENERAL

Page 1 of 2 

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:13-cv-08833-CAS(AGRx); c/w
Date  November 13, 2018
2:16-cv-04166-CAS(AGRx)
BARBARA WALDRUP v. COUNTRYWIDE FINANCIAL
CORPORATION, ET AL.; C/W: ELIZABETH WILLIAMS; ET AL. v.
COUNTRYWIDE FINANCIAL CORPORATION; ET AL.

submitted to the Court.1 Due to the proposed intervenor’s request to file the motion to
intervene in camera and under seal, the Court hereby serves this minute order by mail to
the proposed intervenor.
IT IS SO ORDERED.
00
Initials of Preparer

:
CMJ

00

1

The proposed intervenor sent the Court a document purporting to transfer the title
of his lease to the Court. The Court rejects this document as it cannot properly accept
legal title to the proposed intervenor’s lease.

CV-8833, CV-4166 (3/18)

CIVIL MINUTES - GENERAL

Page 2 of 2