Celia O Gonzalez v. M and T Bank et al

Filing 20

MINUTES (IN CHAMBERS): COURT ORDER by Judge George H. Wu: On 6/9/2015, this Court issued an Order to Show Cause ("OSC") questioning the bases for diversity subject matter jurisdiction 16 . The removing Defendants have now filed a response indicating that "a potential that a minority member of one of the members of Lakeview Financial LLC may defeat diversity" and therefore they now request that this lawsuit be remanded back to state court 17 . Thus, for the reasons stated in the Court's OSC and as further indicated in the removing Defendants' response, this action is remanded back to state court forthwith and all previously set dates in this case are taken off-calendar. Case remanded to Los Angeles Superior Court, Case Number BC571871. ( Case Terminated. Made JS-6 ) Court Reporter: None Present. (gk)

REMAND/JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 15-2811-GW(ASx)

Title

Celia O. Gonzalez v. M&T Bank, et al.

Present: The Honorable

Date

June 19, 2015

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS (IN CHAMBERS):

COURT ORDER

Defendants M&T Bank and Lakeview Loan Servicing, LLC removed this action to this Court from
Los Angeles County Superior Court on April 16, 2015, based upon alleged diversity jurisdiction. See
Docket No. 1. On June 9, 2015, this Court issued an Order to Show Cause ("OSC") questioning the bases
for diversity subject matter jurisdiction because: (1) another named defendant (i.e. Quality Loan Service
Corp.) is a California corporation and this Court has taken the position that a “Declaration of Non-Monetary
Status” pursuant to California Civil Code § 2924l is insufficient to remove such a party from the diversity
analysis; and (2) because defendant Lakeview is an LLC, its citizenship status is dependent upon the
citizenship of its individual members and the Defendants had not set forth such information in their removal
papers. See Docket No. 16. Defendants were given until June 16 to file a response to the OSC. Id.
The removing Defendants have now filed a response indicating that "a potential that a minority
member of one of the members of Lakeview Financial LLC may defeat diversity" and therefore they now
request that this lawsuit be remanded back to state court. See Docket No. 17.
Thus, for the reasons stated in the Court's OSC and as further indicated in the removing Defendants'
response, this action is remanded back to state court forthwith and all previously set dates in this case are
taken off-calendar.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
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