In Re Estate of Mary Huff aka May F. Huff
ORDER by Judge Dale S. Fischer GRANTING MOTION to Remand Case to State Court 12 . (MD JS-6. Case Terminated.) (SEE ORDER FOR SPECIFICS). (jp)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
In re Matter of Estate of MARY
EDCV 19-1585 DSF (KKx)
Order GRANTING Motion to
Remand Case to State Court
The Secretary of Housing and Urban Development removed this
case from state probate court on the basis of the Secretary’s interest in
a deed of trust encumbering property of the Estate of Mary Huff. The
Administrator of the Estate has moved for remand. The Court deems
this matter appropriate for decision without oral argument. See Fed.
R. Civ. P. 78; Local Rule 7-15. The hearing set for October 21, 2019 is
removed from the Court’s calendar.
The Supreme Court has clarified that the probate exception to
federal jurisdiction is narrow, but it does “reserve to state probate
courts the probate or annulment of a will and the administration of a
decedent’s estate; it also precludes federal courts from endeavoring to
dispose of property that is in the custody of a state probate court.”
Marshall v. Marshall, 547 U.S. 293, 311–12 (2006).
Despite the Secretary’s pronouncements to the contrary, the matter
the Secretary has removed clearly involves disposing of property of the
Estate already under the jurisdiction of the probate court.
HUD has removed . . . only the two petitions that affect
HUD’s interests, namely (1) the Report of Sale and Petition
for Order Confirming Sale of Real Property . . . , and (2) the
Petition for Sale Proceeds of Encumbered Property from
Deed of Trust Held by Housing and Urban Development
and to Determine the Amount Reasonably Related to Sale
of Real Property . . . .
Opp’n at 1.
The Secretary, citing the Supremacy Clause, reaches for what would
amount to a federal agency or officer exception to the probate exception,
but cites no specific authority in support of such a concept and such
authority does not appear to exist.
The motion to remand is GRANTED. The case is REMANDED to
the Superior Court of California, County of San Bernardino.
IT IS SO ORDERED.
Date: October 9, 2019
Dale S. Fischer
United States District Judge
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